CIHM 
Microfiche 
Series 
(Monographs) 


ICMH 

Collection  de 
microfiches 
(monographies) 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  da  microraproductions  historiquas 


Technical  and  Bibliographic  Notes  /  Notes  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best  original 
copy  available  for  filming.  Features  of  this  copy  which 
may  be  bibliographically  unique,  which  may  alter  any  of 
the  images  in  the  reproduction,  or  which  may 
significantly  change  the  usual  method  of  filming  are 
checked  below. 


D 
D 

n 


Coloured  covers  / 
Couverture  de  couleur 

Covers  damaged  / 
Couverture  endommag6e 

Covers  restored  and/or  laminated  / 
Couverture  restauree  et/ou  pelliculee 


I         Cover  title  missing  /  Le  titre  de  couverture  manque 
Coloured  maps  /  Cartes  g6ographiques  en  couleur 


0 
D 

□ 

n 


D 


Coloured  ink  (i.e.  other  than  blue  l  •  black)  / 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 


i'^itions/ 
t  1  couleur 


n.\s 


D 


Coloured  plates  an :  :' 
Planches  et/ou  illus    .  •. 

Bound  with  other  ma  ; ,? 
Reli6  avec  d'autres  doc. 

Only  edition  available  / 
Seule  Edition  disponible 


Tight  binding  may  cause  shadows  or  distortion  along 
interior  margin  /  La  reliure  serree  peut  causer  de 
I'ombre  ou  de  la  distorsion  le  long  de  la  marge 
int6rieure. 

Blank  leaves  added  during  restorations  may  appear 
within  the  text.  Whenever  possible,  these  have  been 
omitted  from  filming  /  Use  peut  que  certaines  pages 
blanches  ajout6es  lors  d'une  restauration 
apparaissent  dans  le  texte,  mais,  lorsque  cela  6tait 
possible,  ces  pages  n'ont  pas  6t6  film6es. 

Additional  comments  / 
Commentaires  suppl6mentaires: 


L'Institut  a  microfilm^  le  meilleur  exemplaire  qu'il  lui  a 
6\6  possible  de  se  procurer.  Les  details  de  cet  exem- 
plaire qui  sont  peut-etre  uniques  du  point  de  vue  bibii- 
ographique,  qui  peuvent  modifier  une  image  reproduite, 
ou  qui  peuvent  exiger  une  modification  dans  la  m^tho- 
de  normale  de  filmage  sont  indiqu^s  ci-dessous. 

I     I  Coloured  pages  /  Pages  de  couleur 

I I   Pages  damaged  /  Pages  endommag6es 


D 


Pages  restored  and/or  laminated  / 
Pages  restaur^es  et/ou  pellicul^es 


0   Pages  discoloured,  stained  or  foxed  / 
Pages  d^color^es,  tachet^es  ou  piquees 

I      [   Pages  detached  /  Pages  d6tach6es 

I  y/]   Showthrough  /  Transparence 

I      I   Quality  of  print  varies  / 


D 
D 


D 


Quality  in^gale  de  I'impression 

Includes  supplementary  material  / 
Comprend  du  materiel  suppl^mentaire 

Pages  wholly  or  partially  obscured  by  errata  slips, 
tissues,  etc.,  have  been  refilmed  to  ensure  the  best 
possible  image  /  Les  pages  totalement  ou 
partiellement  obscurcies  par  un  feuillet  d'errata,  une 
pelure,  etc.,  ont  6t6  film6es  k  nouveau  de  fagon  a 
obtenir  la  meilleure  image  possible. 

Opposing  pages  with  varying  colouration  or 
discolourations  are  filmed  twice  to  ensure  the  best 
possible  image  /  Les  pages  s'opposant  ayant  des 
colorations  variables  ou  des  decolorations  sont 
film6es  deux  fois  afin  d'obtenir  la  meilleure  image 
possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  below  / 

Ce  document  est  filmc  au  taux  de  reduction  indlque  cl-dessoui. 


10x 

14x 

18x 

22x 

26x 

30x 

y 

12x 


16x 


20x 


24x 


28x 


32x 


The  copy  filmed  hare  has  been  reproduced  thartka 
to  the  generosity  of: 

National   Library  of  Canada 

The  imeges  appearing  here  are  the  best  quality 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  In  keeping  with  the 
filming  contract  specifications. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  a  id  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  beck  cover  when  appropriate.  All 
other  original  copies  af  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  eech  microfiche 
shall  contain  the  symbol  — ^-  (meaning  "CON- 
TINUED"'  or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc.,  mey  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


L'exemplaire  film*  fut  reproduit  grace  i  la 
g*nArosit6  de: 

Biblioth&jue  nationale  du  Canada 

Les  images  suivantes  ont  «t«  reproduites  avec  le 
plus  grand  soin.  compte  tenu  de  la  condition  et 
de  la  nettet«  de  l'exemplaire  film*,  et  en 
conformit*  avec  les  conditions  du  contrat  de 
filmage. 

Les  exemplaires  originaux  dont  la  couverture  en 
pepier  est  imprim«e  sont  filmAs  en  commencant 
per  le  premier  plat  et  en  terminant  soit  par  la 
derni4re  pege  qui  comporte  une  empreinte 
d  impression  ou  d'illustration.  soit  par  le  second 
plat,  salon  le  cas.  Tous  les  autres  exemplaires 
origmaux  sont  film*s  en  commencant  par  la 
premi*re  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dermere  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaitra  sur  la 
derniire  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  — ^'  signifie  "A  SUIVRE"   le 
symbols  V  signifie  "FIN  ". 

Les  cartes,  planches,  tableaux,  etc..  peuvent  etre 
film*s  *  des  taux  da  reduction  diffirents. 
Lorsque  le  document  est  trop  grand  pour  etre 
reproduit  en  un  seul  clichi,  il  est  film*  *  partir 
de  I'angle  sup«rieur  gauche,  de  gauche  *  droite, 
at  de  haut  en  bas,  en  prenant  le  nombre 
d'images  n«cessaire.  Les  diagrammes  suivants 
illustrent  la  mAthode. 


1 

2 

3 

MICROCOPY    RESOIUTION    TIST   CHART 

(ANSI  ond  ISO  TEST  CHART  No   2; 


1.0 


2.2 


1,^  II  2.8      ;il||  2.5 

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1.8 


j='     /APPLIED  IIVMGE 


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'^ocKester,  Ne*  ''ork    1*609   USA 

■^'6)  482  -  0500  -  Phone 

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INTERNATIONAL  JOINT  COMMISSION 

REPORT 

IN  THE  matte:,  of 

THE  APPLICATIONS  OF  THE  MICHIGAN 
NORTHERN  POWER  COMPANY 

AND 

THE  ALC..A  STEEL  CORPORATION 
LIMITED 

FOE  APPROVAL  OF  DIVERSION  OF  WATER, 

CONSTRUCTION  OF  COMPENSATING  WORKS, 

AND  PLANS  THEREFOR,  IN  THE  ST.  MARYS 

RIVER  AT  SAULT  STE.  MARIE 


iTH 

i.'tpartment  of  Transport 


lAWh,  Zl^ 


WA8HINGT0K 

GOVEBNMKirr  PBINTIWQ  01»I0B 

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National  Library 
o(  Canada 


BibMotMqua  natlonala 
du  Canada 


INTERNATIONAL  JOINT  COMMISSION. 


CANADA. 

TH.  CHASE  CA30RAIN,  K.  C,  CtalrniOB. 
HENRY  A.  POWELL,  K.  C. 
CHARLES  A. MAGRATH. 

LAWBtNCi  I.  BCEFEI,  St'.rttary. 

2 


UNITED  STATES. 

JAUES  A.  TAWNEY,  Cteirman. 
OBADIAH  GARDNER. 
R.B.  GLENN. 

Whitibkad  Kluttz,  Swrrfary . 


/Ol23i 


/ 

lUei.artn»iu  ot  Iranspa- 

nrmifATioNAL  joint  commission. 


REPORT  IN  THE  MATTER  OF  THE  APPLICATIONS  OF  THE 
MICHIGAN  NORTHERN  POWER  CO.  AND  THE  ALGOMA  STEEL 
CORPORATION  (LTD.),  FOR  APPROVAL  OF  DIVERSION  OF 
WATER,  CONSTRU(mON  OF  COMPENSATING  WORKS,  AND 
PLANS  THEREFOR  IN  THE  ST.  MARYS  RIVER  AT  SAULT 
STE.  MARIE.  

The  applicationa  as  amended  are  on  behalf  of  two  dbtinct  com- 
panies, the  Michigan  Northern  Power  Co.,  a  corporation  organized 
under  the  lawa  of  Michigan,  and  the  Algonia  Steel  Corporation,  Ltd., 
organized  under  the  laws  of  Ontario.  Each  seeks  the  approval  of  a 
proposed  diversion  of  water,  and  of  the  construction  of  compensating 
works,  on  its  own  side  of  the  St.  Marys  River.  The  minimum  amount 
of  water  available  for  power  de\relopment  in  excess  of  that  reqiured 
for  navigation  is  stated  to  be  approximately  60,000  second-feet. 
Of  this  amoimt,  one-half  or  30,000  second-feet  is  available  for  use 
on  the  United  States  side,  and  an  equal  amount  on  the  Canadian 
side  of  the  river.  The  Michigan  Northern  Power  Co.  has  applied  to 
the  Secretary  of  War  of  the  United  States  for  a  lease  of  25,000  cubic 
7eet  per  second,  the  balance  available  on  that  side  of  the  river  hav- 
ii^  already  been  leased  to  the  Edison-Sault  Electric  Co.  On  the 
Canadian  side,  the  Algoma  Steel  Corporation,  Ltd.,  asks  for  approval 
of  the  diversion,  either  by  itself  or  the  Province  of  Ontario,  of  30,000 
cubic  feet  per  second.  Both  applicants,  in  addition  to  the  above 
quantities  of  what  is  designated  as  "primary  water,"  ask  for  a  fur- 
ther diversion  of  water  intermittently  available,  known  as  "second- 
ary water,"  not  to  exceed  5,000  cubic  feet  per  second. 

The  compensating  works  for  which  approval  is  asked  are  designed 
to  offset  the  diversions  of  water  contemplated  in  the  two  applica- 
tions, and  are  to  be  so  operated  as  to  maintain  the  level  of  Lake 
Superior  as  nearly  as  may  be  between  levels  602.1  and  603.6  above 
mean  tide  at  New  York,  according  to  the  system  of  levels  estab- 
lished by  the  United  States  Government  in  1903.  (All  subsequent 
statements  as  to  water  levels  are  to  be  understood  as  referring  to  this 
datum.)  The  plans  for  these  compensating  works  attached  to  each 
application  are  identical.  They  consist  of  a  dike  running  parallel  to 
the  international  bridge  and  about  150  feet  therefrom  on  the  upper 

3 


4  COMPENSATING   WORKS  IN   ST.   MABY8  BIVEB. 

Me  Of  the  stream,  and  10  slmces  or  movable  gates,  the  whole  ext^nd- 
^  northward  from  the  UniUMl  States  Govern.n.nt  ^^^^P^^^ 
Rer  No.  4  of  the  international  bri<lge,  across  the  boundary  to  the 
Cladinn  shore.    The  dike  is  to  be  225  feet  .u  kngth.     Of  the  1^ 
sluices  8  arc  to  be  built  by  the  Michigan  Northern  Power  Co.,  and  4,  in 
add  Sn  Z  the  4  already  in  place,  by  the  Algoma  Steel  Corporation 
lomo  confusion  developed  in  the  coun.c  of  the  t«*timony  by  reason 
ofThe  fact  that  the  approval  asked  for  by  each  appb.  ^nt  was  for  that 
porUon  only  of  the  complete  work  which  would  he  on  ite  own^de 
of  the  international  boundary,  and  that  the  exact  location  of  the 
boundary  had  not  yet  been  feed  by  the  Int<>niationa    Waterways 
Commission.     It  has  been  asMuned  for  the  present  that  8  of  the  16 
sluices  x^ill  be  located  in  the  United  States  waters  and  8  in  Canadian 
waters.  - 

The  original  appUcation  on  the  United  States  side  was  made  by 
Clarence  M.  Broln.  receiver  of  the  Michigan  Lake  SuP«"«;P«J«J 
Co.,  a  corporation  oi^anized  in  1898  under  the  laws  «  the  »  «te  of 
Michigan,  and  is  for  the  approval  of  proposed  lease  with  the  Umted 
StatJ,  and  of  diversion  of  water,  construction  of  compensating  works, 
and  plans  therefor,  and  all  acta  authorized  m  said  lease 

The  appUcatioa  set^  forth  the  power  conferred  upon  the  company 
under  the  terms  of  act  No.  39  of  the  Legislature  of  the  State  of  Michi- 
gan  1883,  which  powers  are  substantially  the  right  to  build  a  canal 
Tc'ail  from  a  point  above  the  Falls  of  the  St.  Marys  River  m   he 
city  of  Sault  Ste.  Marie,  Mich.,  to  a  point  on  said  river  below  the 
Falls,  within  the  Umits  of  said  .ity,  the  development  and  sale  of  water 
power,  and  the  right  to  divert  water  from  the  St.  Marys  River  into 
ftepower  canal  upon  obtaining  the  consent  of  the  Board  of  Super- 
vkors  of  Chippewa  County,  Mich.,  which  consent  was  duly  obtamed 
on  the  10th  day  of  October,  1898.    Pursuant  to  the  authority  so 
conferred  the  company  constructed  a  power  canal  with  the  nec^sary 
works  appurtenant  thereto,  substantially  m  accordance  with  the 
plan  attached  to  the  present  application. 

n. 

Under  the  terms  of  "An  act  making  api  opriation  for  the  construc- 
tion, repair,  and  preservation  of  certain  public  works  on  nvers  and 
harbors,  and  for  other  purposes,"  1902,  O^ngress  ^^^^-^^t^j;^^: 
pany  ykth  the  consent  of  the  Secretary  of  War  ai:d  the  Chief  of  Engi- 
Li,  to  divert  water  from  the  St.  Marys  River  into  its  water-power 
canal  "while  and  so  long  as  such  works  and  diversion  of  water  from 
said  ri-er  shall  not  injuriously  affect  navigation  therein,  nor  impair 
or  diminish  the  water  levels,  or  any  natural  increase  thereof,  either 


COMPENRATINO   WORKS  IN   BT.   MABYB  RIVEB.  5 

in  Lake  Superior  ..r  in  the  United  SUteii  Ship  Canal  and  lock.,  or 
the  navieable  channels,  locks,  or  ship  canab  connected  therewith, 
whether  natural  or  artificial,  now  existing  or  which  may  hereafter 
be  estubUshed  or  -reated  by  the  Uniteil  States  for  navigation  pur- 
poses."  The  c.mpany  was  furtaer  required  to  "establish,  maintain, 
aad  operate  suitable  and  sufTuient  remedial  and  controlhug  works 
in  he  rapids  of  said  river  subject  U.  the  approval  of  the  Secretary 
of  War  ami  the  Chief  «»f  Enginct  It  was  further  r«H,uimi  to 

maintain  and  operate  the  canal  ana  works  "in  accordance  with  any 
rules  and  regulations  that  may  hereafter  bo  recommended  by  any 
international  commission  and  that  shall  become  operative. 

Pursuant  to  the  provisions  of  the  above  act  the  ^ocretary  of  ^ar 
and  the  Chief  of  Engineers  duly  approved  of  the  proposed  canal  and 
remedial  works,  and  consented  to  the  diversion  of  ^ater,  upon  certain 
conditions  set  forth  in  a  permit  dated  December  12,  1902. 

III. 

By  act  of  Congress  approved  March  3,  1909,  entiUed  "An  act  to 
provide  for  the  repair  and  maintenance  and  preservation  of  public 
works  on  rivers  and  harbors,  and  for  other  purposes,  that  part  of 
the  act  of  1902  authorizing  the  works  of  the  company  was  amended 
by  adding,  among  other  things,  the  following:  "The  right  to  the  flow 
of  water,  and  riparian,  water  power,  and  other  rights,  now  or  hereafter 
owned  by  the  United  States,  in  the  St.  Marys  River  m  Michigan  shaU 
be  forever  conserved  for  the  benefit  of  the  Government  of  the  United 
States,  primarily  for  the  purposes  of  navigation  and  mcidentaUy  for 
the  purpose  of  having  th«  water  power  developed,  either  for  the 
direct  use  of  the  United  tut*'.,  or  by  lease  or  other  agreement, 
thn)ugh  the  Secretr-v  of  War.  Provision  was  ma  ^  for  a  just 
and  reasonable  co.  pensatiop  for  he  use  of  all  vv.  J'^^^^ 
power  now  ur  her-  .Iter  own*.!  in  s  H.  ^r  ^rys  River  by  the  Umted 
States."  It  was  further  provi.ie«l  u  "under  no  circumstances  shall 
any  rights  be  granted  in  said  riv.  wtonh  will  i'  terfere  with  the  needs 
and  uses  of  navigation,  or  which    ^  limii  i   .  ai«olute  control  of 


said  land  and  waters  when    iosii 
the  United  States,  or  for  a  longer 
Attached  to  the  apphcation  is  a 
issued  under  the  terms  of  the  act 
introduced  during  the  course  of  the  i 
later.     The  draft  lease  in  its  original  f « 
is  to  have  for  a  period  of  30  years,  sut 
emment  of  the  United  States  to  diniini 


rpuses  of  navigation  by 

lan  thirty  years." 

.(  the  lease  proposed  to  be 

•909:     Certain  amendment 

•eedings  will  be  referred  to 

provides  that  the  company 

•  to  ?  he  right  of  the  Gov- 

t  Kt\y   '^imft  iM»d  for  any 


period  and  by  any  amount  the  quantity 
use  for  power  purposes,  a  continuous  flow  < 


wtktm  available  for  it« 
from  the  St.  Marys 


COMFEN8ATINU   WORKS  IN    ST.   MABY8  HIVER. 


River  alMtvo  the  rapulH  "in  hucIi  (|uautity  to  n  mHximurn  daily 
flgp-cpfttc  at  tho  av«Tajr«  rati*  of  LTj.lKM)  ciibii-  feet  pw  mojoikI  an  shall 
froMi  tiino  to  tiiuo  ht»  nwiiiircd  by  th«  Uwmoo";  that  tho  lompatiy 
is  to  build  in  tho  rapids  of  th«^  St.  Marys  Uivor  "Hiich  conipiiisati  ^ 
and  rpin«Mlial  works  as  may  bti  iioi'«>8aarv  for  the  nnisimablo  «'ontrol 
of  tho  level  of  Lake  Superior  or  for  the  -  ifety  of  navigation  atcordiiiK 
to  plans  submitted  to  the  lessor  by  the  hnsee  and  approved  by  the 
lessor."  These  plans  show  the  work  in  fpiestioti  as  a  dike  about  575 
feet  ioiiK,  and  10  sluictw  or  movable  K'ltes  (4  of  which  have  already 
l>eon  built  on  the  ("amidian  side)  each  alxtut  .')2  feet  wide, extending 
from  tho  United  States  (Jovernment  «like  north  to  the  Canatlian  she". 
The  application  is  for  approval  of  so  much  of  tht»so  works  as  will  lie 
on  tho  United  States  siihi  of  tiie  lM)un(;  y.  On  March  5,  H)14, 
certain  modifications  of  the  orifjinal  plans  were  approved  by  tho  War 
Department,  ehminntinf,'  al)out  ■'}.')()  feet  of  the  dike  and  providing 
additional  gattw,  of  wliich  S  it  is  stated  will  l)e  on  the  United  States 
side  an<l  8  «»n  the  Cana(han  side  of  tin-  into;:  utional  boundary. 
However,  as  the  l)«)undary  in  the  St.  Marys  River  has  not  yet  been 
definitely  market!,  it  is  not  possible  to  state  positively  what  propor- 
tion of  the  proposed  compensating  works  will  bo  in  Canadian  ami 
what  proportion  in  United  States  territory. 

The  draft  Iciise  provides  tliat  tlie  total  cost  of  tlie  compensating 
works  on  the  I'nited  States  side  of  the  river  is  to  be  borne  in  the  first 
instance  by  the  Michigan  Northern  Power  Co.,  which  is  to  be  reim- 
bursed by  the  Government  with  interest  at  5  per  cent  per  annum, 
such  reimbursement  to  be  matlo  by  deducting  tho  amount  out  of 
water  rentals  as  they  accrue  from  time  to  time.  Tho  cost  of  nuun- 
tenance  and  operation  of  the  compensating  works  is  also  to  be  bonie 
by  the  company  and  repaid  from  water  rentals  in  the  same  way. 
Upon  the  repayment  in  full  of  the  entire  cost  of  the  works,  with 
interest  as  provided  in  the  lease,  the  comj)ensating  wor'^*  are  to 
become  the  property  of  the  (iovenimont. 

The  company  is  re(}uired,  on  or  before  t)ie  completion  of  the  com- 
pensating works,  to  proceed  to  repair  and  strengthen  its  power  house 
and  fore  bay  so  that  they  will  be  capable  of  handhng  the  quantity 
of  water  leased  with  the  greatest  head  at  which  it  can  be  delivered 
by  the  water-power  canal.  Until  the  fore  bay  and  power  house  are 
strengthened,  and  the  compensating  works  completed,  the  company 
is  permitted  the  use  of  not  more  than  15,000  cubic  feet  of  water  per 
second,  or  such  portion  thereof  in  excess  of  10,500  cubic  feet  per  second 
as  will  be  equivalent  to  the  amount  of  flow  in  the  rapids  obstructed  by 
the  works  in  place  from  time  to  time.  At  the  same  time  the  company 
is  required  to  discharge  tlirough  its  water-power  canal  and  plant 
such  surplus  amounts  as  may  be  necessary  from  time  to  time  for 
the  purpose  of  restraining  the  undue  rise  of  water  in  Lake  Superior 


C0MPEN8ATIN"   WOBKB  IN   BT.  MABYl  MVKB.  7 

aud  ussisting  in  the  rofrtilatioii  of  ite  level  in  the  interest  of  navigAtion. 
The  company,  pending  the  completion  of  the  compensating  works 
anil  the  strengthening  of  the  fore  bay  and  power  house,  is  to  pay  the 
G  vemment  a  mo.itlily  iiiitiil  for  use  of  water  at  lie  rate  of  $1,000 
per  annum.  After  the  completion  of  the  woriu,  as  above  mentioned, 
the  company  is  to  pay  rental  ai  the  lat^J  of  $2.60  per  cubic  foot  of 
primary  water  per  set-ond  per  year  If  secondary  water  intermit- 
tently available  is  asked  lor  by  the  company,  it  is  to  pay  for  the  use 
of  such  secondary  water  at  the  rate  of  $1  per  cubic  loot  per  second 
per  year. 

The  appUcation,  as  originally  fded,  is  for  approval  of  the  lease 
referred  to  above  as  well  as  of  the  accompanjring  plans,  also  for 
approv  '  •*  construction  and  operation  of  the  works  in  accordance 

with  '/  .  ^  submitted  and  as  provided  in  the  lease,  and  the  diver- 

sion th'  ^  .  the  power  canal  and  the  use  in  the  power  house  prop  sed 
to  be  built  by  the  company  of  the  waters  to  the  extent  and  in  the 
manner  provided  in  tho  lo.ise. 

The  appUcation  was  transmitted  to  the  commission  on  June  14, 
1913,  by  the  United  States  S*3cretary  of  State  ''for  consideration 
and  action,"  and  the  accompanying  letter  from  the  War  Department 
states  that  "action  by  the  War  Department  will  be  held  in  abeyance 
pending  a  report  of  the  action  taken  by  the  commission."  On 
November  22,  1913,  the  State  Department  communicated  a  letter 
from  the  Secretary  of  War  concurring  in  the  views  of  the  commission* 
that  a{)proval  by  the  War  Department  should  precede  action  by  the 
commission,  and  transmitting  a  set  of  the  plans  filed  in  connection 
with  the  appUcation,  on  which  had  been  indorsed  the  approval  of  the 
Chief  of  Engineers,  as  weU  as  that  of  the  Secretary  of  War. 

On  October  7,  1913,  the  Michigan  Northern  Power  Co.  petitioned 
to  be  substituted  as  applicant  in  the  place  of  Clarence  M.  Brown, 
receiver  of  the  Michigan  Lake  Superior  Power  Co.,  and  an  order  was 
issued  by  the  commission  to  that  effect. 

IV. 

A  copy  of  the  original  appUcation  was  trarsmiited  to  the  Govern- 
ment of  the  Dominion  of  Canada  on  July  2,  191:5,  and  «  statement 
in  response,  dated  August  28,  1913,  was  filed  on  behalf  <  that  Gov- 
ernment. This  statement,  after  discussing  various  features  of  the 
appUcation  and  of  the  proposed  lease,  submits  that  any  approval 
of  the  appUcation  or  any  part  thereof  should  be  made  subject  to  the 
f  oUowing  conditions : 

1.  Such  modifipations  as  may  be  necessary  or  desirable  to  render  the  character  ol 
%e  compeoaating  and  remedial  works  and  the  operating  provisions  of  the  draft  lease 
amply  sufficient  to  protect  the  interests  of  navigation  at  all  points,  both  under  normal 
conditions  and  under  such  abnormal  conditions  as  can  be  foreseen. 


8 


COMPENSATINQ  WORKS  IN  ST.   MARYS  BIVEB. 


2  Complete  regulation  of  the  whole  flixcharge  of  the  river. 

3  The  establiHhment  of  suitable  rules  to  govern  the  regulation  of  the  levels  of  Lake 
Superior  and  the  level  of  the  river  below  the  rapids  within  such  limits  as  may  be 
found  expedient,  with  provision  for  such  changes  as  may  be<ome  ne<essar>'  or  desirable 
from  time  to  time. 

4.  An  appropriate  system  of  joint  control. 

5.  An  agreement  or  agreements  capable  of  enforcement  for  the  completion  of  the 
whole  works  within  a  specified  time  after  request, 

6.  An  estimate  of  the  total  amount  of  water  available  for  power  purposes,  computed 
after  complete  investigation. 

7.  Provision  that  the  diversion  in  whole  or  in  part  of  one-half  of  such  eetimatea 
amount  by  either  country  shall  be  subject  to  the  mutual  right  of  the  other  country, 
to  the  other  one-half,  and  that  any  diversion  is  subject  tx)  the  amount  now  or  hereafter 
required  by  both  countries  for  navigation,  locking  facilities,  and  the  like. 

8.  Approval  and  protection  of  the  right  of  Canadian  interests  to  create  means  of 
diversion  for  one-half  of  the  water  available  for  power  development. 

9  Such  further  or  other  conditions  as  after  further  investigation  of  the  subject 
matter  of  the  application  may  be  found  proper  to  submit  to  your  honorable  commission. 

V. 

In  October,  1913,  the  Michigan  Northern  Power  Co.  filed  its  state- 
ment in  reply  to  the  statement  in  response  of  the  Government  of 
Canada.  The  company  in  its  reply  substantially  agrees  to  the  prin- 
ciples embodied  in  the  proposed  conditions  suggested  on  behalf  of 
the  Government  of  Canada,  but  submits  that  the  provisions  of  the 
draft  lease  amply  protect  the  interests  of  navigation,  and  that  the 
right  of  Canada  to  the  use  of  one-half  of  the  water  available  for  power 
development  should  be  based  upon  an  appropriate  application  on 
behalf  of  Canadian  interests  rather  than  made  a  condition  of  the 
approval  of  the  application  of  the  Michigan  Northern  Power  Co. 

VI. 

A  statement  in  response,  dated  November  3,  1913,  to  the  original 
application,  was  filed  on  behalf  of  the  Province  of  Ontario.  The 
statement  sets  forth  that  the  Province  of  Ontario  is  the  owner  of 
the  bed  of  the  St.  Marys  River  and  of  the  water  power  and  waters 
thereof  on  the  Canadian  side  of  the  international  boundary,  and  that 
it  intends  to  utilize  one-half  of  the  water  of  the  river  which  may  be 
available  for  the  development  of  power.  It  asks  that  approval  of 
the  application  be  conditioned  upon  a  definition  of  the  term  "primary 
water"  as  "that  portion  of  the  outflow  from  Lake  Superior  which 
shall  be  considered  as  being  continuously  and  permanently  available 
for  power  purposes" ;  on  the  limitation  of  the  amount  of  such  primary 
water  to  ()0,000  cubic  feet  per  second,  of  which  amount  30,000  cubic 
feet  per  second  is  to  be  permanently  available  for  use  in  Canada,  and 
an  equal  amount  for  use  in  the  United  States;  on  an  agreement  on 
the  part  of  the  United  States  that  "under  no  circumstances  at  any 


i^p^mM 


mm 


COMPENSATINC.   WORKS  IN   ST.   MABY8  BIVER. 


9 


time  hereafter  will  the  I'nited  States  itself  use  for  power  pu-^poses,  or 
allow  the  use  for  power  purposes,  on  the  part  of  its  lessees  or  others,  by 
diversion  or  any  other  means  in  either  case,  of  an  aggregate  of  more 
than  30,000  cubic  feet  per  second  of  primary  water  flowing  out  of 
Lake  Superior  bv  way  of  the  natural  channel  of  the  St.  Marys  River, 
or  by  way  of  any  art  ificial  raceways,  canals,  or  channels  which  may 
now  or  in  the  future  exist,  in.  along,  or  in  the  vicinity  of  the  St.  Marys 
Rapids";  and,  finally,  on  certain  changes  in  the  layout  of  the  remedial 

works. 

The  changes  proposed  in  the  remedial  works  make  the  statement  in 
response  tc^that  extent  e<iuivalent  to  an  original  application,  and 
dealing  with  this  feature  at  the  Washington  meeting,  the  chairman 
(Mr.  Tawney),  said: 

The  statement  in  responBe  on  behalf  of  the  Province  of  Ontario  is  in  the  nature  of 
an  original  applieation  for  approval  by  the  commLssion  of  an  obstruction  and  use  of 
part  of  the  waters  of  the  St.  Mary.-.  River  at  the  Sault  wholly  different  and  apart  from 
the  obstructions  contemplated  in  the  application  of  the  Michigan  Northern  Power  Co., 
or  in  the  application  of  the  Algoma  Steel  Corporation  (Ltd.). 

It  is  true  the  proposed  obstruction  and  use  on  the  part  of  the  Province  of  Ontario  is 
presented  under  the  rules  of  the  commission  in  its  statement  in  response  to  the  applica- 
tion of  the  Michigan  Northern  Power  Co.,  but  the  commission  is  asked  by  the  Province 
to  include  as  a  condition  of  its  order  of  approval,  the  approval  of  its  proposed  obstruc- 
tion and  the  plans  submitteti  therefor.  But  this  does  not  change  the  fact  that  it  is  an 
application  for  our  approval  of  a  r  'Poscd  obstruction  in  the  St.  Marys  River— a 
boundary  water.  If,  therefore,  the  commission  should  grant  the  prayer  of  the  Province 
of  Ontario,  we  would  thereby  create  and  grant  to  it  an  affirmative  right  to  construct 
and  maintain  its  proposed  works,  and  this  the  commission  has  not  the  power  under 
the  treaty  to  do  as  a  condition  of  it«  order  of  approval  of  another  application.  The 
power  of  the  commission  under  the  treaty  to  impose  conditions  precedent  in  granting 
its  approval  of  any  application  is  limited  to  matters  wholly  negative,  such  as  requiring 
protective  works,  in  addition  to  those  proposed  by  the  applicant  or  indemnity  for 
injury  on  either  side  of  the  boundary  that  can  not  be  compensated  for  by  additional 
protective  works.  ,.  .        ,  i 

To  consider  the  condition  proposed  by  the  Province  as  a  condition  of  our  approval 
of  either  application  would,  therefore,  in  effect,  be  granting  its  application  for  an 
obstruction  in  these  waters  independent  of  the  obstruction  contemplated  under  either 
of  the  other  two  applications.  This  could  not  be  done  for  another  reason,  which  is 
that  the  obstruction  proposed  by  the  Province  of  Ontario  is  not  authorized  by  the 
Dominion  Government  as  required  by  the  treaty,  nor  are  the  plans  under  which  the 
proposed  obstruction  is  to  be  erected  finally  approved  by  the  proper  authorities  of  the 
Dominion  Government.  •  •  *  If  any  additional  obstruction  of  the  waters  of  the 
St.  Marys  River  is  hereafter  proposed  that  would  in  any  way  affect  the  levels  of  Lake 
Superior,  it  would  have  to  be  on  an  original  application. 

VII. 

Under  date  of  January  27,  191 !,  the  Michigan  Northern  Power  Co. 

filed  its  statement  in  reply  to  the  statement  in  response  of  Ontario. 

The  company  agrees  .o  the  definition  nf  "primary  water"  :  objects  to 

the  arbitrary  limitation  of  the  amount  to  60,000  cubic  feet  per  second; 

51205—14 2 


10 


COMPENSATING   WORKS   IN   ST.    MARYS   BIVER, 


and  objects  to  any  question  as  to  tho  i'(|ual  tUvisirin  di  such  primary 
water  l)otwoon  the  two  countries  being  made  a  condition  to  the 
approval  of  its  application. 

VIII. 

In  February,  1914,  a  brief  was  filed  on  behalf  of  the  Government 
of  the  United  States;  also  statements  in  reply  to  the  statements  in 
response  of  the  Dominion  of  Canada  and  the  Province  of  Ontario. 
The  brief  sets  forth  among  other  things  that  the  I'nited  States  "has 
lawfully  acquired  the  ownership  and  possession  of  all  the  lands  and 
property  of  every  kind  and  description  in  and  along  the  rapids  of  the 
St.  Marys  River,  north  of  the  St.  Marys  Falls  Ship  Canal  throughout 
its  entire  length,  and  lying  between  the  said  ship  canal  and  the  inter- 
national boundary  at  Sault  Ste.  Marie,  Mich.";  and  that,  in  addition 
to  the  ownership  of  the  lands,  both  upland  and  subaqueous,  and  other 
property  acquired  as  aforesaid,  it  is  "vesteil  with  the  control  of  all 
the  waters  flowing  in  the  St.  Marys  River  within  its  own  domain,  and 
with  the  right  to  appropriate  and  use  such  waters  subject  and  in  con- 
formity to  existing  treaty  limitations  and  obligations,  in  any  lawful 
way  and  for  any  lawful  purpose";  that  Congress  has  enacted  that 
the  rights  of  the  United  States  to  the  flow  of  water  in  the  river  "shall 
be  forever  conserved,  primarily  for  the  purposes  of  navigation,  and 
incidentally  for  the  development  of  power,"  and  that  the  Secretary  of 
War  is  vested  with  authoi  ly  to  lease  for  power  purposes  any  surplus 
water  over  and  above  the  amount  required  for  navigation;  that  a 
lease  has  heretofore  been  executed  for  the  use  of  approximately  5,000 
second-feet,  leaving  a  minimum  of  approximately  25,000  second-feet 
available;  that  the  applicant  herein  has  applied  to  the  Secretary  of 
War  for  a  lease  of  so  much  of  the  surplus  water  belonging  to  the 
United  States  as  he  may  be  willing  to  grant ;  that  under  the  terms  of 
the  treaty  proclaimed  May  13,  1910,  the  "lease  project"  requires  the 
approval  of  the  commission ;  that  the  compensating  works,  if  author- 
ized and  built,  will  be  located  wholly  in  American  waters,  on  land 
belonging  to  the  United  States,  their  construction  although  intrusted 
to  the  company  will  be  supervised  by  the  Government  of  the  United 
States,  the  cost  ultimately  borne  by  that  Government,  and  the  works 
themselves  would  eventually  become  the  property  of  the  United 
States;  that  therefore,  although  the  application  is  by  a  private  cor- 
poration, the  Government  of  the  United  States  is  vitally  interested 
therein  and  would  naturally  protect  its  own  interests,  and  that  the 
main  question   for  consideration   by  the  commission  is   "whether 
diversion  of  water  may  be  made  and  whether  the  proposal  compen- 
sating works  can  be  built  and  operated  without  injury  to  the  interests 
of  Canada."     The  liope  is  i'X[)ressed   that  the  commission  "would 
recommend  the  joint  control  of  the  regulating  works  and  establish  at 


COMPENSATING    WORKS  IN   ST.    MAEYS  RIVEB. 


11 


least  a  basis  for  the  formulation  of  tentative  rules  for  such  control," 
and  that  the  formulation  of  tentative  rules  for  the  cons.Jeration 
of  the  commission,  and  the  subsequent  joint  control  of  the  works, 
should  be  in  the  hands  of  "duly  authorized  representatives  of  the 
two  Governments." 

In  reply  to  various  objections  offered  in  the  statements  in  re- 
sponse, it  is  alleged  on  behalf  of  the  United  States  that  the  present 
plans  are  adequate  to  care  for  the  maintenance  of  levels  in  the  lower 
river;  that  to  avoid  any  undue  delay  in  the  execution  of  the  works 
the  lease  has  been  revised  so  as  to  provide  for  their  completion  within 
a  period  of  about  three  years;  that  the  suggested  definition  of  the 
term  "primary  water"  is  satisfactory  to  the  United  States,  subject, 
however,  to  the  right  Of  the  United  States  and  the  Dominion  of  Canada 
to  use  any  of  the  water  of  the  river  for  navigation,  or  for  other  prior 
uses,  such  as  domestic  and  sanitary  purposes;  that  while  objection 
is  seen  to  fixing  the  amount  of  primary  water  at  60,000  second-feet, 
"it  is  manifest  that  the  minimum  amount  that  will  be  available  for 
power  purposes  at  any  and  all  times  will  be  the  minimum  river  dis- 
charge diminished  by  the  amount  needed  for  navigation,"  and  "i\is 
latter  amount  will  change  from  time  to  time  with  the  improvements 
made  in  the  interests  of  navigation  and  likewise  with  the  seasons  of 
the  year";  that  the  Government  of  the  United  States  is  not  willing 
to  fLx  definitely  and  for  all  time  the  specific  quantity  of  water  to  be 
used,  but  seeks  only  the  right  to  use  one-half  the  total  amount 
available. 

In  regard  to  the  terms  of  the  treaty  providing  that  "the  high 
contracting  parties  shall  have  each  on  its  own  side  of  the  boundary 
equal  and  similar  rights  in  the  use  of  the  waters  hereinbefore  defined 
as  boundary  waters,"  and  the  effect  thereon  of  the  Senate  resolution 
appended  to  the  treaty,  it  is  stat«d  on  behalf  of  the  United  States 
that  "since  this  treaty,  as  thus  amended,  was  adopted  and  pro- 
claimed, the  Government  of  the  United  States  has  come  into  posses- 
sion and  ownership,  in  fee  simple,  of  all  the  lands  and  property  of 
every  description,  including  the  submerged  lands,  and  the  waters 
flowmg  over  them,  on  its  side  of  the  international  boundary  line. 
This,  it  is  understood,  virtually  meets  the  spirit  and  intent  of  the 
Senate  resolution,  and  removes  the  restriction  imposed  by  it  on  the 
treaty,  so  that  the  foregoing  original  provision  with  respect  to  an 
equal  division  of  water  applies  to  the  St.  Marys  River  as  well  as  to 
other  boundary  streams.  The  relative  rights  of  the  two  countries 
in  the  division  of  these  waters  being  thus  fixed  by  the  treaty  itself, 
the  question  is  n  ^  vvithiu  the  jurisdiction  of  your  honorable  com- 
mission. Each  Government  has  the  right  to  tlie  use  and  enjovment, 
on  Its  own  side  of  the  boundary,  of  one-half  of  the  waters  "of  the 


12  COMPENSATING  WORKS  IN   ST.   MAKYS  RIVEB. 

river  but  each  must  so  exercise  its  right  as  not  to  invade  or  impair 
that 'of  the  other.  The  United  States  tlesircs  o.Hy  to  exercise  its 
right  to  use  its  half  of  the  waters  available  for  power  purposes  in 
accordance  with  this  principle,  and  no  objection  will  be  made  to  a 
similar  exercise  by  the  Dominion  of  Canada  of  its  right  in  this  regard. 
Any  order  or  recommendation  which  your  honorable  commission 
may  conceive  t«  be  appropriate  and  necessary  to  secure  to  each 
Government  the  full  use  an.l  enjoyment  of  its  property  will  be 
cheerfully  complied  with."  .     ,  o  u  x 

In  conclusion  it  is  suggested  on  behalf  of  the  Un.led  States  that 
to  any  sanction  which  the  commission  might  see  fit  to  give  to  the 
building  of  the  proposed  compensating  works,  conditions  should  be 
attached  which  would— 

(a)  Fix  a.  nearly  as  may  be  the  levels  between  which  it  may  be  d^irable  to  endeavor 
to  maintoin  the  level  of  Lake  Superior. 

(6)  Provide  for  the  proportional  redu.-tion  of  the  amounts  of  waUr  used  for  power 
purpoee«  on  both  nides  of  the  boimdary  line  in  ca.e  the  comiH3U«atmg  works  as  built 
fail  to  maintain  the  lake  l-'vel  at  or  above  the  lower  liimtmg  figure. 

(crP^ovide  lor  the  modifuation  of  the  works  in  ca-e  they  fail  to  prevent  the  undue 

"Trff  P?ovide''fortl!ejoint  control  and  cperation  of  the  compensating  works  built  on 
both  sides  of  the  international  boundary,  subject  to  the  approval  of  the  proper  authori- 
ties of  the  two  Governments  concerned.  ,  ,  t»  •  •  * 
T.rProvide  for  a  proper  division  between  the  United  States  and  the  Dommion  of 
C^ada  of  the  ca«t  of  a-certuining  the  water  levels  affected  by  the  couipensatmg 
works  and  the  cost  of  maintaining  and  operating  Uiese  works. 

IX. 

Tender  date  of  October  7,  1913,  the  Algoma  Steel  Corporation, 
or<^anized  in  1907  under  the  laws  of  the  Province  of  Ontario,  filed  an 
appUcation  for  the  approval  of  the  construction  of  compensa  mg 
works  in  the  St.  Marys  River  at  Sault  Ste.  Mar.e.  This  apphcation 
was  transmitted  to  the  commission  by  order  m  council  of  Januery  10 
1914  "for  consideration."  On  March  5,  1914,  an  order  in  council 
was  passed  approving  of  the  plans  of  the  Algoma  Steel  Corporation, 
subject  to  the  following  conditions: 

1.  That  the  company  shall  furnish  legal  evidence  that  it  has  the  right  to  use  the 

"*:  tull^ttr'the  works  and  the  dischar.es  on  the  Canadian  side  of  the  boundan. 
lin'e  is  to  be  vested  m  the  department  of  pub-ic  works,  or  ^«  directed  by  the  Inter- 
national Joint  Commission,  and  all  expenses  for  upkeep  of  the  works  are  to  be  borne 

'V'ThTtrworks  shall  be  completed  on  the  Canadian  side  of  the  bound-^  line 
v-ithin  three  vears  from  the  dale  of  the  approval  of  the  plans 

4  That  the  Government  of  the  Dominion  of  Canu.  .  n.ay  Ukt  ovc-r  the  work^  on  he 
cldil  "de  of  the  boundary  line  at  ^y  time,  on  terms  to  be  arranged  between  the 
company  and  the  Government,  or  by  expropriation. 


' ' /?:^^;  .^]!g"^' 


COMPKNSAiixNG  WOBKS  IN   ST.   MARYS  RIVER. 


18 


5  That  the  Provincial  Government  of  Ontario  may  at  any  time  make  such  altera- 
tion, and  additionn  to  the  work-  on  the  Canadian  ride  »'/*'",  ^°"'"*ri^„w„*,  Z 
own  co«t,  as  may  be  ralle<l  for  in  connection  with  the  developmen  of  Power  m 
shown  on  the  plan  submitted  with  the  Ktatement  in  response  on  behalf  of  the  Province 
of  irtlri^  dated  November  3,  1913,  which  wa«  filed  with  the  International  Jomt 
Commission  when  the  matter  was  before  the  commission. 

The  application  sets  forth  that  tho  Algoma  Steel  Corporation  is 
the  owner  of  certain  compensating  works  in  the  bed  of  the  St.  Marys 
River  consisting  of  a  crib  and  rock  and  earth  iill  dam  above  the 
tenth 'span  "^  ^^-^  international  bridge,  and  of  four  steel  sluice  gates 
opoiated  between  masonry  piers  above  the  ninth  span  oi  tho  said 
bridge  all  on  the  Canadian  side  of  the  river;  that  it  is  propose^d  to 
construct  additional  compensating  works  extending  southerly  frrm 
the  csent  works  practically  to  the  international  boundary,  to  Cor- 
respond in  design,  size,  and  character  of  construction  ynth  and  to  be 
locatod  exactly  opposite  to  the  compensating  works  proposed  to 
„o  constructed  by  the  Michigan  Northern  Power  Co. 

The  plans  accompanying  the  application  are  identical  with  those 
of  the  Michigan  Northern  Power  Co.  as  originally  filed,  which,  as 
already  stated,  provide  for  a  dike  of  approximately  575  fe^t,  arid  a 
series  of  sluices  or  gates  10  in  number,  of  which  4  on  the  Canadian 
side  of  the  boundary  have  already  been  built.  These  4  gates  are 
above  the  ninth  span  of  the  international  bridge.  Approval  is  asked 
of  the  construction  of  the  proposed  works  and  of  the  plans  therefor 
attached  to  the  appUcation. 

X. 

The  Michigan  Northern  P(.wer  Co.  filed  on  March  5,  1914,  a  state- 
ment in  response  to  the  above  appUcation.  The  respondent  sub- 
stantially asks  tluit  approval  of  the  compensating  works  proposed 
to  be  built  on  the  Canadian  side  of'the  St.  Marys  River  by  the  Algoma 
Steel  Corporation  should  be  subject  to  the  following  conditions: 

That  the  same  rules  and  regulations  and  the  same  methods  of  joint  control  should 
apply  to  these  works  as  to  those  proposed  to  be  built  on  the  United  States  side  of  the 
river;  that  the  Canadian  works  should  be  maintained  in  such  manner  that  there  would 
be  no  impairment  in  their  discharge  capacity  for  regulating  purposes;  that  any  modi- 
fications ii  plans  of  the  works  on  the  United  States  side  made  necessary  for  the 
due  maint  e  of  water  ievels  should  be  accompanied  by  corresponding  modifica- 

tions in  the  ^.ans  for  the  work ,  on  the  Canadian  side;  and  that  in  the  event  of  the 
proposed  compensating  works  on  the  two  sides  of  the  river  faiUng  to  maintam  lake 
levels  or  the  levels  and  flow  of  the  St.  Marys  River  in  accordance  with  any  rules  and 
regulations  established  by  the  commission,  "such  alterations  in  or  aduitions  to  the 
proposed  compensating  works  on  the  Canadipn  side  be  required  to  be  made  as  will 
equitably  divide  tlie  burden  of  sucn  maintenance  of  levels  and  nver  flow  between  the 
interests  on  the  Canadian  side  and  the  '  ntereste  on  the  American  side  of  the  interna- 
tional boundary." 


14 


COMPENSATING  WORKS  IH  ST.   MARYS  RTVEB. 
XI. 


On  March  10,  1914,  the  Algoma  Stei-l  Corporation  moviul  for  leave 
to  amend  its  application  by  addinp  thereto  a  request  for  the  approval 
of  divereion  of  water  from  the  ht.  Marys  River  "to  an  aggregate 
maximum  ncluding  the  amount  of  water  heretofore  permitted  of 
30  000  cubic  feet  per  second,  and  in  addition  thereto  of  a  further 
flow  of  water  that  may  be  intermittently  available  'or  power  purposes 
up  to  an  aggregate  maximum  of  5,000  cubic  feet  per  second."  On 
April  7,  1914,  tlie  application  was  further  amended  us  follows: 
"Provided  that  nothing  lierein  sliall  be  so  construed  as  to  prejudice 
the  Piovince  of  'ntario  or  any  riglit  it  now  has  in  snid  nv(>r  or  in 
the  obstruction  and  use  of  the  watere  therein  on  the  Canadian  side 
of  the  boundary.  Nor  shall  this  order  prejudice  the  government 
of  Ontario  or  any  pereon  or  company  in  any  apphcation  it  may 
hereafter  make  for  the  construclion  i-f  any  works  in  the  river." 

xn. 

The  United  States  Department  of  State  on  March  16,  1914,  com- 
municated to  the  commission  a  letter  from  the  Secretary  of  War 
approving  certain  changes  in  the  original  plans  of  the  Michigan 
Northern  Power  Co.  designed  to  harmonize  tliem  with  those  of  the 
Algoma  Steel  Corporation,  and  generally  to  consolidate  the  two 
projects;  and  on  April  7,  1914,  the  Micliigan  Northern  Power  Co. 
petitioned  for  leave  to  amend  its  application  so  as  to  substitute 
the  amended  plans  as  approved  by  the  Secretary  of  War  for  tnose 
filed  ^vith  the  original  apphcation,  and  for  leave  to  withdraw  the 
request  for  approval  of  the  lease. 

The  two  applications  may  now  be  regarded  as  one  for  a  complete 
structure  across  the  river,  the  cost  of  that  portion  south  of  the 
intenational  boundary  to  be  defrayed  by  the  United  States  interests 
and  of  that  portion  north  of  the  boundary  by  the  Canadian  interests. 
The  amended  project  is  for  the  construction  of  compensating  works 
by  the  Michigan  Northern  Power  Co.  ai.d  the  Algoma  Steel  Corpora- 
tion these  works  as  already  stated  to  consist  of  a  dike  approxi- 
mately 225  feet  in  length,  and  16  sluices  or  gates,  the  whole 
extending  in  a  northerly  direction  from  the  United  States  Govern- 
ment dike  to  the  Canadian  shore. 

XIII. 
The  commission  has  held  two  hearings  in  connection  with  the 
applications,  the  first  in  the  city  of  Detroit  on  March  9  and  10,  1914, 
and  the  second  in  the  city  of  Washington  on  AprU  7,  S,  and  9,  1914. 
At  the  Detroit  meeting  the  following  appearances  were  entered: 
Hon.  Nathaniel  C.  Sears  and  Mr.  Edward  S.  Whitney,  of  Chicago, 
lU.,  and  M-.  aarence  M.  Brown,  of  PhUadelphia,  Pa.,  representmg 
the  Michigan  Northern  Power  Co. 


COMPENSATING   WOEKS  IN   ST.   MAEYS  WVER. 


15 


Mr  Thomas  Gibson,  of  Toronto,  Mr.  Henry  Holgate,  of  Montreal, 
and  mI  K   W.  Pe^ry,  of  Sault  Ste.  Marie,  representbg  the  Algoma 

''Sl'^Grge'w:  Koonce,  of  Washington,  D.  C,  and  Lieut.  Col 
M^nM    Patrick.  Corps  of  Engineers,  United  States  Army,  of 

^roit  Mich    -P--«^VVTt:i^^^^^^^^  chief 

hvd^o^L'^Cr:^^^^^   of 'nt  JueT "c'e  of  Ottawa,  .nd  Mr.  S  .. 
Xl-u'  of'the'public  works  department,  Ottawa,  representing 

%^';!^:^y^S:S!Lnton,  K.  C,  of  Hamilton,  Canada,  and  Mr. 
H  G  Acres  of  Toronto,  representing  the  Provmce  of  Ontario. 

Mr  R  H  M  Temple  and  H.  K.  Wicksteed,  of  Toronto  representing 
thfcanadian  Northern  Railway  and  the  Duluth,  Winnipeg  &  Pacific 

^'l^^'tichard  L.  Kenne<ly,  of  St.  Paul,  Minn     representing  the 
Chicago    St.  Paul,  Minneapolis    &    Omaha  RaUway  Co.   and   the 

'^SXw:nl  aXSof  Lansing.  Mich.,  repr  3enting  the  Minne- 

""t'^^btl:  H.^Jomstock,  of  Duluth,  Minn.,  vice  pr^ident  of  the 
Ma^^haU-Wells  Fargo  Co.,  representing  the  Board  of  Trade  of  Duluth ; 

fhe  Commercial  Club  of  Duluth;  the  ^^-1-*^'  ^^F^  titflnvr 
RaUway  Co.;  the  Marshall-Wells  Fargo  Co.;  and  the  Fidelity  Invest- 

"m^ '/ra^cif  K^ng,  of  Kingston,  Ontario,  representing  the  Dominion 
Marine  Wktu^n.^^  Duluth,  Minn.,  representing  the  municipality 
of  the  city  of  Duluth,  in  relation  to  its  waterworks  and  power  sys- 
tems and  other  public  improvements.  .-      ^u 
Mr.  S  C  Young,  mayor  of  Fort  WilUam,  Ontario,  representmg  the 

neoole  of  Fort  William.  .  .       ,  ^ 

^?n  addition  to  the  above,  the  following  additional  appearances 
were  entered  at  the  Washington  meetmg: 

Hon.  WUliam  Livingstone,  representing  the  Lake  Carriers   Asso- 

*"  Mr^W.  H.  Hoyt,  Duluth,  .vlinn.,  representing  the  commercial  in- 
terests of  the  municipalities  of  Duluth  and  Superior. 

Ml!;  r   F  Handy,  mayor,  and  Mr.  F.  D.  McDonald,  city  engineer 
of  Saalt  Ste.  Marie.  Mich.,  representing  the  municipality  of  Sault 

Ste.  Marie,  Mich.  ,     g,     p     , 

Mr.  C.  N.  Kalk,  of  Minneapolis,  Minn.,  representmg  the  St.  i-aul 

&  Sault  Ste.  Marie  Railway  Co. 


16 


COMPENSATINCi  WORKS  IN   ST.   MARV8  BIVEB. 


Mr  h  T.  Michcner,  of  Washington,  D.  C  ropn^enting  the  Grand 

"The  :::^^^:^:^^^^^^  at  Det^it  ana  W-hington  .ugg.ts 
the  magnitude  and  importance  of  the  interests  affected  or  tha  might 
be  Effected  bv  the  construction  of  the  proposed  works  in  the  bt. 
Marys  River. "  These  interests  may  be  divide,!  into  two  great  group., 
navfgation  interests  and  riparian  interests.  To  these  must  be  added 
the  power  interests  responsible  for  the  applications.  The  broad 
problem  before  the  commission  is  to  ren.ler  a  decision  that  will  do 
substantial  justice  to  all  three. 

XIV. 
The  commission  has  in  fac.  before  it  two  distinct  Propositions: 
First   a  request  for  water  diversion  for  power  purposes,  which  « 
p  huLrUy  for  thebeivMit  of  the  applicants;  and.  secon.ly    a  requ^t 
Fo    compensatory  works,  which  is  essentially  in  the  PU^hc  -t-^^: 
The  former  may  fairly  b"  considered  on  its  merits.     The  latter  m 
Lives  t^e  broad  questions  of  navigation  an.l  commerce  on  the  Grea 
Lakes  and  the  protection  of  public  and  private  property  around  the 
Chores  o    Lake  Superior.     It  niay  serve  a  useful  purpose  to  outbne 
brSJ  the  character  and  extent  of  these  interests,  taking  them  m 
followhig  order:  (a)  Navigation,  (6)  riparian,  (c)  power. 

XV. 
(a)  Navigation  and  commerce,  as  here  understood,  include  not 
only  the  immense  traffic  east  and  west  between  Lake  Superior  and 
the  lower  Lakes,  but  also,  apart  from  their  riparian  mterests,  the 
munVcrpalities  around  Lake  Superior,  whose  existence  depends 
rgelv  upon  lake  trallic,  and  the  great  railway  systems  and  private 
interests  which  connect  with  or  are  dependent  upon  that  shipping 
ComTaraUvelv  slight  changes  mi  the  levels  of  Lake  Superior  might 
work  verv  serious  damage  to  all  these  great  interests. 

The  growth  and  extent  of  the  traffic  tlu-ough  the  canals  at  Sault 
Ste   Ma^'emay  be  appreciated  from  the  fact  that  the  tonnage  has 

freight  carried  increased  from  14,503  tons  m  l8..o  to  79,718^44  tons 
valued  at  S86.V)57.838,  in  1913.  The  shipping  charges  on  this^mgh 
in  the  latter  year  amounted  to  $44,380,86.5.  or  an  average  cost  per 
L  for  tans  >oitation  of  S0.56  and  the  total  va  uat.n  jdaced  on 
reeistered  vessels  passing  through  the  canals  was  S142,421,.00.  me 
nef  tonnage  through  the  Sault  Ste.  Marie  canals  m  1913  was  about 
three  times  that  of  the  Suez  (,'anal.  . 

Witlout  desiring  to  go  too  far  afield,  it  may  not  be  without  mterest 
to  note  the  mpoftant  influence  of  lake  shipping  on  radway  rates^ 
To  take  H  single'instance,  in  1912,  the  last  year  for  which  compara  ive 
LbUcs  are'avaUable,  the  average  rates  per  bushel  on  wheat  from 


COMPENSAXINO  W0BK8  IN  BT.   MARYS  KIVBR. 


17 


Chicairo  to  New  York  were,  by  lake  and  canal,  6.57  cente,  by  lake  and 
SSt  eel,  and  by  aU  rail,  9.50  cente.  J^^^-'^lf.^^  '^^ 
tion  in  40  yean.  wiU  be  seen  by  the  figuren  for  the  y^lJ^'^^^f^ 
were  respectively,  24.47  cents,  28  cents,  and  33.5  cents.  It  »  a 
7erouable  assum'ltion  that  the  present  low  water  rat«  have  had 
lome  inHuence  in  securing  the  reduction  of  ra.l  ates  to  9.60  cenU 
per  bushel.  XXVI 

(b)  The  riparian  interests  concerned  in  the  proposed  works  in  the 
St  Marvs  River  are  the  cities  and  towns  on  T.ake  Superior  Amencan 
TJcZ^Z,lnMn^  those  at  the  outlet  of  the  lake,  and  to  a  ve^r 
im  ted  extent  those  below  the  outlet,  and  the  railway  and  other  cor- 
Trations  holding  ,,ropertv  that  would  be  adversely  affected  by  an 
fnTre  Lin  tie  l^vlls  if  Lake  Superior.     Tne  ---Pal-^- ^  ^"^ 
ti,>n  have  a  total  population  of  about  250,000,  and  the  value^of  their 
rabrepropertyis"^  estimated  at  about  $125,000,000^    The  most 
rportun't  of  thL  lake  ports  are  Dulutb,  Superior,  Fort  WiDiam^ 
Port  .Vrtlmr,  Mnniuette,  Asldund,  and  the  two  towns  of  Sault  Ste. 
Marie      The  ruilwvy  systems  more  or  less  directly  mterested  are: 
0„"he  CWliuu  sidl  tL  Canadian  Pacific  Railway  Co.,  the  C-a<h^ 
Northern  Railway  Co.,  and  iho  Grand  Trunk  Pacific  Railway  Co 
and  on  the  United  States  side,  the  Northern  ^-^-^^ ^^^'^"^^^^ ^^,' ^' 
Mimieapolis,  St.  Paul  &  Sault  Ste.  Marie  Radwaj' Co.,  the  Chic^o, 
St   Paul,  Mimieapohs  &  Omaha  Railway  Co.,  and  the  Duluth,  Mis- 

sabe  &  Northern  Railway  Co.  These  ^«"^P^>««' "^/i^*,,t!rITort 
commercial  organizations  in  Duluth,  Superior,  Fort  Wilham  Port 
Arthur,  and  other  lake  towns  are  the  owners  of  docks,  warehouses, 
elevators,  and  other  property  on  the  lake  front  valued  at  many  mil- 

^'Thf  tSn!^ny  offered  at  Detroit  on  behalf  of  the  municipaUtiea 
and  railway  corporations  made  it  apparent  that  they  were  seriously 
concerned  "as  to  the  effect  of  the  proposed  works  m  the  St.  Marys 
River  on  their  property.    There  was  a  widespread  apprehension  that 
the  works  would  have  tiie  effect  of  raising  the  level  of  Lake  Superior 
to  such  an  extent  as  to  flood  docks  and  warehouses  in  the  towns  at 
the  western  end  of  the  lake,  which  in  many  cases  are  bmlt  with  very 
little  margin  over  the  existing  level,  and  that  very  senous  damage 
would  be  caused  to  the  drainage  system  of  Fort  Wilham,  which 
stands  on  low-lying  land.    This  apprehension  ^^^  *«  *  ?*^^f /^^"'^' 
removed  by  the  evidence  of  the  engineers  of  the  Umted  States  and 
Canadian  Governments,  who  stated  positively  that  the  proposed 
compensating  or  remedial  works,  if  approved,  would,  under  the  con- 
templated system  of  joint  control,  have  a   tendency  to  improve 
existing  conditions  instead  of  making  them  worse.    As  «  further 
meanTof  meeting  the  objections  advanced  by  the  mumcipahtiee  and 

61205—14 3 


IS  COMPENSATING  WORKS  IN   ST.   MABY8  RIVKB. 

Other  interest,  it  was  decidcHl  at  the  Detroit  nioctinp  to  postpone  the 
?ll  Sion  'to  a  later  date,  and  in  the  -^^^^^^^V^^ 

r  Ike  Superior     These  tentative  .on<litions  wore  .•..mmumca  ed 

?n  those  reZ>Henting-the  nu.nicipaliticH  and  corporations  •  wUh  the 

esl  tlat    h?y  o™^    thenisilves  at  tlie  Washington  heanng  as 

rntnt^ :!;iv'e  J.y  objections  to  the  l^oposed  w-^-^^^^ 

standing  that  if  approved  their  operation  would  be  absolutely  uniler 

"^^hrSaliretnliitions  as  submitted  to  the  conimission  at  Wash- 
ington  are  as  follows: 

£:;  Bluioe  gat^s.  each  o.  the  ^me  size  ae  ^X't^Z!^^^^^  <"n>'-tiou 
(2)  The  work*  to  he  built  in  the  S^  ^^-^^^^^  sLuev  ItVe  gates  and  their 
(Ltd.).  it.  BU.-oe«..rs  or  a«.ign.,.  ^  :-';^ ^ ^l^TZuL  ^ie  system  is  to 
appurtenances,  ea.h  pate  lo  be  ab.mt  oO  f'^^*^'"/  '^^^^  ,f  ^  ^  "^'l.i^  ,,^1  with  the  .mte 
connect  ^vith  the  sy.tem  of  four  pates  already  "  1  ^Y„iUl  .X  .-ondition  (1)  above. 

Power  Co.,  its  aucces«.rs  or  assigns  and  U.e  "''^';";{;^  ^^  J^.!  Slates,  or  an  officer 
be  subject  to  the  approval  of  the  SecreUry  of  ^^  ar  of  the  L  mte<i 

Canada,  or  an  officer  duly  Je-^g'^^^'l,''^  ^""■,  ,-  ^,  ^,„^„  built  and  owned  by  sdd 

,6)  The  dike  now  in  P^i^^f -J'^J^^'^^^^^^^^^^  by  the  said  Algoma  Steel 

Algoma  Steel  Corporation  (Ltd.)  shaU  be  remo  .^  ^^^^^^ 

Con>oration  (Ltd.),  its  successors  or  ^««^S"«' ^^^j^^^^^^b  thisorder 

(7)  AllcompensatingworkEheret«fo.^bml  and^^^^^^^^ 

of  approval  and  all  power  canals  including  *^^\««/^X*^  ^^^^^^^^^  l^  between  levels 
opeLted  as  to  maintain  the  '^;^f^^^l\^JZ:^:^^  of  levels  estab- 

602.1  and  603.6  above  mean  tide  ^*^f^.  ^^g^'^.'^  i„fuch  manner  as  not  to  interfere 
lished  by  the  United  States  Govem^^^^^^^  ,^^,  ^,,,, ,,,  ,3 

Tof  i^rrrpurpoiS  be^underthe  direct  control  of  the  herd  hereiaa.ter 

'^tThf  mean  elevation  of  Lake  P  -penor  ^^l^^^ ZTS^^l'^t'^^^^^Z 
of  the  readings  of  at  least  four  automatic  g^^f^J^^^'^J^^^.'^J'^^S^^^  combined 

the  TTnited  States,  half  by  Canada;  these  ^^"^^^^//^^"^^^oStion  of  the  whole 
readings  will  indicate  as  nearly  as  may  be  the  mean  or  average  cona 


COMPENSATINO   WORKS  IN   8T.  MABV8  HIVEB. 


19 


\ 


contr.l  ..(  the  .-..mpeti^tinf?  works  luul  hen  ii«u 

muy  miuire.  i  V„mueer«<-harRed  with  the  imprt-vemeutol  the  fall. 

(9)  Theotticerof  theTon^ot  Z''"".'"^''" !  i^"^,  .,,  „(jiccr  duly  «in"»«te«»  by  the 
of  the  St.  Mary.  Uiv.r  on  the  ^moncuu  ..de  md  «^.  "  h  j       J  J  »„„„„i,ie  „.,e. 

?a.«diau  r...vorumc,a  .hall  form  '; J^-^J.^  'TcaS.    ud  their  hea.l  K^te.  and  by- 
undor  which  the  ,.om,>e.i»vt.nB  >v..rk«  ''''^f^^^'\'^,^,^  regxilution  of  Uke  !<u,.enor 

.UHHes  .hull  he  operatcHl  to  bo--  .h  -arly  '^^I'^^l  ,„  J^  ^,  «.«  that  any  r  .e,  or 
L  «.t  forth  herein.    It  «haU  be  \'"-  "     "'  '^f^;  ^ty  are  duly  obeyed, 
regulations  now  or  hereafter  nv.ule  by  l'^'^*  V'^;';  .J^^^^  suiH,rior.  the  rulet  formu- 
tio)  To  guard  against  un.luly  h.gh  f  ^^'f';  .r^^"  i  ,,„ditio.u,  which  existed  during 

la  ed  by  the  said  board,  when  tented  l-y'^e  .h>^.  al    -        ^  ^^,^  ^,^^,^^i„„ 

.ny  year  of  ren.rde.i  ^^^i::^^;^ZZ;:^y  mean  level  of  the  lake  gn-ator 

of  l^ke  Superior  exceeded  (WM  0.  snai  giv  .         ,  ^^  g^ij  year. 

In  the  niaximum  monthly  mean  --''"^   \  ,*^^;^reri7^^^X  MaO"  '  •'" 

(11)  To  guard  against  unduly  ''•'^^  bTve  haf Ih  "u  w.,«ld  have  occu. 
exce«  discharge  at  any  »-«-;7' "^  f  ^;;;^^^^^^^     «.  tha^  th.  elevation 
stage  of  Uke  Sui>erior  ..nor  to  IHh,  shall  be  rtsm 
^Sce  immeiliately  below  t»^«  "f -»f  ^^^^^^^  ^ti«factory  f 

(12)  Each  power  --P-l^^  l^'^f.^^ b'; "t,  and  shall  furnish  to  th. 
which  wUl  show  the  quantity  of  water  useu  uy 
required,  full  informati.m  from  «iid  reconI«^  ^^^^  ^ 

(13)  At  all  time«  the  b.«rd  w.U  d^»«'"«'"«  ;'^'',  ™^,  ^,  educed  ^.  1 
pun.oses.     It  will  cau«,  the  --^"--^^J^^J^  "'^event  unduly  low  sU, 
Spilon  such  reduction,  are  -^^^^  ^^  tch  Jeducti..,.:  ProM  T. 
Lake  Superior,  and  wdl  "^^  ^^^  ™  the  total  discharge  r 

js?;:i""e::--sr:iri;::Led.^ 

^Sn!''r:^nipen.,ing  works  ..nstruHed  in  ac^^^^^^^ 

approU^,  t..gelher  with  ^^^^^::;^:Z^::^n!  f       ^hall 
the  regulation  of  the  level  "^  f ;,f;P„7^,,t;];^tisfact.,ry  to  th      -oGov. 

Tit)  The  board  herein  constituted  shall  ^^ :;i:;^:U^ ^^ 
peSduringtheconstnictionofthec,.mpen^tujwo^^^^ 

Tanies  to  pass  through  their  re«P«ctivx  c^ials  qua^^-  ^         J^^  ^,.^  j,,^,^, 

capacities,  or  in  such  other  manner  '^^  "^f^^^^^"^  ^^e  presence  of  the  compensating 

(16)  Should  ice  interfere  witU  '^'^^  \S*^'\"^^^";hVs  difHculty,  and  may  call  upon  the 
works,  the  board  shall  take  ^^'^^'^''1'^^^''^^^;'^^^  puVpoee. 

owners  of  the  said  works  to  do  any  7*,X?Sth  navigationbe  developed  K  the 

(17)  Should  currents  which  ^^^^IV^e  o7uie  riverthTpower  company  operating 
operation  of  the  power  works  on  ^f^'^^'^X^Zr^^^  as  its  Government  may  deem 
-id  works  .lall  alter  ^;^:^Z^:^  hy  such  Government, 
necessary  U,  remedy  thi=  e^  .1  .i^  m  »        _;    '  i^ing  all  parts  of  the  compensating 

(18)  H  is  recommended  tliat  the  cost  '^  "t'^'^f  ^^/that  this  work  of  mainte- 
worJ  shall  be  borne  by  '^I^^^^^^IT^^^^^^^^^  "  ^  ''"^  '^T' 


ke 

;er 

'd. 
«n 

or 

,  it« 

vateri^- 

lienev 
'ed  fh 

■  o 


.1 


20  COMPENSATINO   W0BK8  IJJ   8T.   B4ABY8  MVEB. 

work,  elull  bo  frurae.1  m,  m  t..  divide  lhi«  burdtMi  betwe«.n  the  ownow. J  the r..mi«,ncnt 
purt«  nf  the  entire  Hyntem  oh  nearly  m  may  be  in  pn.iH,riiou  t..  the  amount  of  ,,nm«y 
wutrr  .iHe.1  for  iH.wor  di.velo,.ment  on  .>a.l>  m.lo  of  tho  i.it.-rtuitioiiul  boundary 

(19)  Shouhl  either  or  both  0..vernment«  acquire  title  t..  the  ...mpenrBtinR  worka 
built  in  their  re.,«rtive  terriu.rien,  the  appn.val  of  the  .onrtnK-tion  and  ma.uteiiauc* 
of  them.  ,on,;.eti«tinK  work,  by  the  applicant,  .hall  inure  U.  the  benel.t  of  the.r  re- 
(n)e(tive  (iovernmei\t  .urceHnor..  ,   ,     ,        ,  i  „  „ 

CO)  In  the  event  of  a  <li«»Kreement  belw.H.n  the  member,  of  thr  board  herein  con- 
«titute.l  with  re.,K.<t  to  the  iuteq-retutin,,  of  the  ronditiun.  alt«.he<l  to  tin.  order  .4 
approval,  or  tn  the  dutie.un.l  powor.  of  ^ui  board,  or  to  thedetaiUof  the  operation  nf 
the  rompensititiB  work.,  the  que.tion  at  iwue.  up.m  the  uppli.ation  of  either  (.overn. 
meat,  .hall  be  referred  !      '  i..  <ommi.»ion  for  it.  re.omrm  .ulali-.u. 

CD  "  Primary  water  •«<!  herein  «hall  be  under^to.Kl  to  mean  the  amount  of 

water  which  i. .tnu.ou.ly  available  f.r  urn-  for  iH,wer  punrnw..       Se.  on.lary  water 

.hall  b<.  underst.K,.!  to  mean  an  amount  of  water,  over  und  above  that  deM^mated  ai 
primary  water,  which  is  intermittently  avaiUd)le  for  une  lor  power  i)un>"«*»- 

XVllI. 

(f)  In  connection  witli  the  power  interests  involved  in  the  present 
applieations  it  ni.iv  he  .•onvenient  to  tnue  hi-ielly  the  histor>-  of 
water  n.nv-.  ;l.  velopit.ent  on  hoth  sides  of  the  St.  Marys  River  at 
Siiult  St.  Miirie  previous  to  the  prt>sent  applicntions.     In  188/  tho 
Edison-Sault  Lijrht  &  Power  Co.  Uifterwards  th.'  Kdison-Saidt  hlec- 
tric  Co  )  was  orRanize<l  for  the  purpose  of  .U'velopinj,'  water  pr.wer  on 
the  .Vnierican  side  of  the  river,   the   adjoining  hmds  h.mng  hcon 
fte,,uire<l  in   18S:i   l)y  WiUi.uu   Cliaudh-r.     In   ISSN   a  caiud   ahout 
2  200  feet  lon<'  was  du<;  through  this  property  by  the  Rdison  C  o., 
the  power  tU'veloped.  being  nsed  locally,  mainly  for  el.Ttric  lighting. 
By  permits  grante.l  this  company  by  the  Secretary  of  \Sar  m  1S89 
aAd  subsequent  years  the  company  was  emd)K-d  to  gradually  in'reaso 
its  use  of  water,  which  mav  rcacli  a  maximum  of  about  5,2i»0  second- 
feet  of  v,ater  under  the  lease  of  June  25.  1912.     'Ihe  otlier  pnnci,.al 
corporation  on  the  Tnited  States  side  of  the  river,  the  Michigan 
Lake  Superior  Vover  Co.  (now  the  Michigan  Northern  Power  Co.) 
was,  as  alrec.iv  laeidioncl,  organi/.ed  in  1S98.     This  company  pur- 
chased the  rigb*.  of  way  of  the  St.  Marys  Falls  Water  Powei-  Co., 
which  tt])Oui  .;SS7  had  begun  excavation  for  a  canai  through  the 
town  of  Sauli  Ste.  Marie,  Mich.,  from  a  point  above  the  ship  canal 
to  the  river  below,  but  had  subsequently  failed.     Its  later  history 

has  alteadv  been  given.  ,  t  •  ,     /^.         -..u 

In  June"  1SS8,  the  Sault  Ste.  Marie  Water,  Gas  6,  Light  Co.,  vnth 
interests  on  tlie  Canadian  side  of  the  river,  was  incorporated  under 
the  laws  of  Ontario.  The  following  year  the  name  of  the  company 
was  changed  to  the  Ontario  ct  Sault  Ste.  Marie  Water,  Light  &  Power 
Co  and  it  was  given  power  to  build  dams  across  the  inland  channels 
or  rapi.ls  of  St.  Marvs  River  or  any  branch  thereof  >*Hthin  the  Prov- 
ince of  Ontario,  and  to  construct  other  nece3sar>'  works.  In  1895 
the  Lake  Superior  Power  Co.  took  over  the  property  of  the  former 


COMPESBATlNd   WOBKU  IN   BT.   MARYS  RIVBB. 


SI 


iiC^nauv  whi.l.  h.i.l  1.0.  <»".^  finunrially  ......arraasoa   an.l  the  f..U»w. 

Tlh..  "l  cl.iK«.,  I..k"  Sup»i..r  row.r  Co.,  .n.l  other  .Uu  1  .orP"- 

Slid  Co  whi,h  «».  .■1..W..I  to  tl...  ,.r.wnt  name  ....  Apnl  1,  11112. 
0„  or  .i,'or  1  .■  .-.m..  .l.to  II...  .Mroo"'  ^•""l  Corpor.t.on  .-luiml 
M  the  n,pcW,  fr...,.h,.™,  .n,l  nght,  of  tho  .-  «  ^JP-^  r-;'J  , 
Whilo  (loftlinK  >*'ith  tlio  power  Hitualiou  in  the  St.  Mans  uivcr  u 
HecmstSb  to  .-onsi-i:  the  potential  vutue  «'  thynure  avaU- 

60  «()..  -^^"^'^^\^J'^^  .       .,  ..,o.ou.lary  water"  are  uUer- 
.h  ions   ana  that    0,(UH)  sec  ^     ^^^  ^^^.j^,^j^  j^^ 

rr;::^^::^  of  iJr.  h^p::?.^..,  s.,  th.  we  have  the 

emitvalent  of  5.000  seeoml-feet  the  year  roun.l,  whi<h  a.hloa  to  the 
m  000  cot  oi  'primary  water"  gives  a  total  of  65,000  secoua-feet 
e  nU,m  usly  available.  This  quantity  of  water  «se<l  un<ler  an  average 
h^a  a  18  foet  wouia  proauco  about  100.000  continuous  electn.al 
ho^enow^r  If  this  quantity  of  power  were  developea  by  steam 
or  Teat  engines  or  by  any  means  other  than  water,  the  cost  would 
b  imSr,.^^  pe'r  hcLpower  per  annum,  while  thesame  quan- 
tity generated  by  water  might  effect  an  annual  savmg  of  about 
$1^000,000.  ^^^ 

For  a  clear  unaerstancling  of  the  existing  situation,  «"  J "^J^  j];; 
compensating  works  asked  for  in  connection  with  the  peiu^ing 
appCions  are  concerned,  it  wiU  be  well  to  give  a  bnef  account  of 
the  historv  of  previous  structures  of  a  similar  nature  m  the  St. 
Marys  River  and  their  effect  upon  the  levels  of  Lake  Supenor 

Th  L  stnicture  placea  in  the  St.  Marys  River,  thereby  affecting 
the  free  flow  out  of  Lake  Superior,  was  the  international  bridge  in 
1888  Then  in  1892  the  Chandler-Dunbar  ^Vater  Power  Co.  cut  off 
bv  dike  a  considerable  section  of  the  rapids.  Later  m  1901  when 
the  Michigan  Lake  Supc -:  :  Power  Co.'s  waterpower  ^-["f ^^^  ""^^^ 
onsiderafion,  the  Uni<  a  >  ..  -^ar  Department  cleculed  that  before 
hat  canal  wciuld  be  , :.  ..-.•  I  tc  i  ..  .aterfn>m  the  river  ab^^^e  the 
,  „  _„    .:„-  „.,.  !,«  hJ.  .vV'   hi-  1  aced  in  the  river.     Ine  open 

bythcLrStoney*    .  r...-  on  ...    .nadUn  sido  of  tho  boufd.ry; 
,h.I.  have  neyer  Wen,    '  ^.-o--''   ...ion,  a,  the  breakwater  on  th. 


V 


22 


COMPENSATINO   WORKS  IN  ST.   MABYS  RIVEB. 


upper  si(ip  of  tho  gatps  is  still  in  place.  Theso  }xn.t<'s  with  ft  sliort 
piece  of  (like  joiniiif;  thein  iit  the  Cftimdiiiii  shore  at  an  elevation  of 
60:}.6  will  obstruct  the  flow  by  about  12, 900  cubic  feet  per  second, 
but  that  obstruction  has  practically  been  taken  care  of  since  Jan- 
uary, li)Oa,  when  the  Michi;;an  Lake  Superior  Power  Co.  bejian  to 
extract  about  S, .")()()  cubic  feet  per  second,  which  has  since  been  in- 
creased to  abcnit  10, .")()()  cubic  feet  per  second. 

XX. 

The  outcome  of  these  A-arious  interferences  with  a  free  flow  of  the 
river,  as  determined  by  the  International  Waterways  Commission, 
which  made  an  exhaiistive  study  of  the  levels  of  the  Great  Lakes,  is 
that  the  mean  level  of  J^ake  Superior  between  1SS8  and  1905  was 
raised  about  1  foot,  and  since  the  latter  date,  through  the  withdrawals 
of  water  by  power  canals,  that  artificial  storajje  of  Lake  Superior 
has  been  sliijhtly  reduced,  atul  with  the  puttinj^:  into  commission  of 
the  three  United  States  Government  sluices  to  be  further  reduced  to 
about  six-tenths  of  a  foot. 

To  give  a  clearer  idea  of  conditions  at  the  Saidt,  in  the  state  of 
nature,  as  well  as  present  conditions,  and  those  that  should  follow 
the  proposed  renndation.  the  following  three  tables  haA'C  been  pre- 
pared, partly  from  the  evidence  presented  to  the  commission  and 
partly  from  the  reports  of  United  States  lake  surveys  and  of  the 
International  Waterways  CommissioTi.  Three  maps  showang  the  sit- 
uations in  the  St.  Marys  River  under  natural  conditions,  as  well  as 
unde  ■  the  present  and  proposed  development,  are  also  attached. 

In  the  preparation  of  these  tables  six  elevations  of  Lake  Superior 
have  been  used,  as  follows: 

(1)  602.1  and  603.6  feet,  the  limits,  as  far  an  feasible,  of  regulation  recommended 
by  the  engineers  of  both  Govemmentc. 

(2)  602.6  feet,  the  mean  level  which  it  is  expected  the  above  regulation  will 
produce. 

(3)  603.93  and  604.08  feet,  the  highest  mean  monthly  levels  from  18G0  to  date;  the 
first  in  August,  18Tu,  and  the  latter  in  September,  18d9. 

(4)  602.27  feet,  the  mean  level  1860  to  1913,  inclusive. 

Table  1.— Natural  conditions  at  Sault  Ste.  Marie  (prior  to  18S8). 


Lake  Superior  levels. 


602.1  foot 

60:t.6feot 

60:i.a:t  feet  (187(11 

(MHOS  feet  (1H6M) 

602.27  feet  (mean  of  54  years) 

602.60  feet  (mean  under  regulation) . 


Width  of 

Cross  sec- 

Full dis- 

main 

tion  of  dis- 

charge from 

channel. 

charge  area. 

lake. 

Cubic  feet 

Feel. 

Snare  feet. 

per  Mcond. 

2,  .180 

13,300 

82,040 

2,390 

16,900 

116,600 

2,39.') 

17,700 

121,100 

2,400 

18,100 

128,700 

2,3S3 

13,690 

85,880 

2.385 

14,500 

93,560 

N 


SAUL     T  S  T_E  MAR 


/SLAND  N92 


ISLANDN'I 


ISLAND  N93 


ISLAND    N9  4 


ISLAND    N 


itaMMi 


C        A  N         A  DA 


)0 


R     I    E 


SLANO    N9S 


f 


International    Joint   Commission 


t'^-'MM 


MARY 


S    A    U    L     T  S  ^-^  MAR 


/SLAND   N?2 


ISLAND  N't 


ISLAND  N?  3 


ISLAND    N9  4 


ISLAND    t 


Ml  CHI  G 


/From  map  prepared  by  the  TrUematiomii  Boundary  Commu. 
iior^ers  untUr  the  Sixth  Article  of  the  Treaty  of  Ghent,  1819.  i 


)0 


R     I     E 


ISLAND    N9S 


N 


O 


International    Joint   Commisaion 


ST.    MARY    RIVER 

SAULT    STE.    MARIE 

NATURAL    CONDITIONS 


To  aoooinpany   Table   I. 

Scale 
••  •  Hi  m 

>M<      I      I      I — ■  ■  ■      ■     ' 


n40TO-ZINCOQPAPNCO  AT  TMC  ftUNVCYON  •CNCHAL't  OFFICE  OTTAWA,  CANADA 


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COMPENSATINQ  W0BK8  IN   BT.   MABY8  BIVBB. 


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COMPENBATINO   WORKS  IN 


ST.   MABYB  RIVEB. 


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International   Joint   Commiulon 

ST.    MARY    RIVER 

SAULT    STE.    MARIE 

PROPOSEO    .:)EVELOPMENT 


To  MIC  >u;iMftny   Table   IIL 


M4OTo-tti*co«nAn4C0  at  tmc  iufwrroN  •tNCfVALt  orrict  Ottawa,  .-.nada 


s 


COMPENSATING  WOBKS  IN   ST.   MARYS  RIVEK. 


85 


These  tables  show  that  when  a  lake  stage  is  reached  of  602.27  and 
over,  that  the  outlet,  St.  Marys  River,  as  it  exists  to-day,  is  not  as 
effective  for  taking  care  of  the  discharge  as  it  was  under  natural  con- 
ditions while  the  suggested  development,  to  which  further  reference 
will  be  made,  gives  much  greater  opportunity  to  carry  off  the  lake 
supply  during  high  stages. 

In  considering  the  question  of  water  levels,  it  is  recognized  that  tlie 
ideal  condition  would  be  a  fixed  level,  but  in  actual  practice  that  con- 
dition is  unattainable.     Lake  Superior  is  the  largest  of  the  world's 
fresh-water  seas,  and  no  human  power  can  control  its  fluctuations 
except  to  a  very  limited  extent.     It  remains  therefore  to  consider 
how  this  limited  control  may  be  so  exercised  as  to  give  the  maximum 
protection  and  advantage  not  only  to  the  various  existing  interests 
concerned  but  also,  bearing  in  mind  the  possible  development  of  a 
vast  area  of  country  surrounding  Lake  Superior,  to  future  interests. 
It  has  been  demonstrated  that,  while  no  very  great  improvement  is 
possible  in  the  fluctuations  over  those  that  prevailed  under  natural 
conditions,  the  range  may  be  shifted  up  or  down  by  suitable  regula- 
tion of  the  compensating  works  in  the  St.  Marys  River;  that  is  to  say, 
a  high  or  a  low  mean  may  be  established,  and  the  water  of  the  lake 
will  fluctuate  to  points  above  and  below  that  mean.     It  is  evident 
that  if  the  range  of  fluctuation  is  held  up  the  lowlands  around  the 
lake  will  be  more  or  less  flooded,  while  if  it  is  kept  down  the  depths  in 
the  harbors,  rivers,  and  canals  will  be  reduceti.     The  problem,  then, 
is  to  obtain  a  mean  which,  while  doing  no  material  injury  to  riparian 
interests,  will  effectually  safeguard  the  paramount  interests  of  navi- 
gation.    In  arriving  at  that  mean  it  is  to  be  considered  that  the  period 
of  navigation  lies  within  the  summer  montlis,  and  that  the  first  con- 
sideration is  to  secure  during  those  months  levels  that  will  meet  the 
requirements  of  navigation,  while  it  is  of  comparatively  minor  impor- 
tance to  navigation  what  levels  are  maintained  through  the  winter 
months,  except  in  so  far  as  the  winter  stage  of  water  may  affect  the 
leveb  in  the  succeeding  sunmier. 

Briefly,  the  situation  at  the  Sault  is  that  the  free  flow  over  the 
rapids  has  been  checked  by  fixed  obstructions,  and  notwithstanding 
the  withdraw^al  of  water  by  the  power  canals,  the  mean  stage  now 
stands,  as  previously  stated,  something  over  a  foot  higher  than  under 
natural  conditions.  These  fixed  structures  in  the  channel  merely 
creaf^j  new  levels  in  the  lake  above,  with  practically  the  same  fluctua- 
tions, while  movable  ones  will  permit  a  control  that  will  tend  to 
modify  the  range  of  oscillation. 

An  examination  of  the  mean  monthly  levels  which  have  obtained 
since  the  earliest  date  of  continuous  reconls,  1860,  down  to  the  present 
time,  throws  an  interesting  light  on  the  extent  of  the  fluctuation 
aliove  and  below  the  stages  recommended  by  the  engineers,  603.6 


26  COMPENSATING    WORKS  IN   ST.    MARYS   RIVER. 

and  602.1  f(M't.  It  is  found  that  upon  ft)iir  occasions  only,  namely, 
September,  1809,  and  July,  August,  and  September,  1870,  did  the 
monthly  mean  levels  exceed  ()0:}.6  feet.  On  the  other  hand,  during 
the  winter  months — December,  January,  February,  and  March — the 
mean  monthly  levels  have  dropped  below  (502.1  feet  12()  times  in  a 
possible  215.  Tlie  situation  ilirouKhoiit  the  same  long  period  was 
not  as  bad  during  the  other  eiglit  months,  the  navigation  season,  the 
occasions  l)eing  123  in  a  possible  428,  as  follows: 

In  the  months  of —  Times. 

April,  1860,  to  date 40 

May,  1860,  to  date 26 

June,  1860,  to  date 16 

July,  1860,  to  date 10 

August,  1860,  to  date 7 

September,  1860,  to  date 6 

October,  1860,  to  date 9 

November,  1860,  to  date 10 

Total 123 

These  facts  and  figures  show  clearly  that  under  the  natural  condi- 
tions the  mean  level  would  be  somewhat  lower  than  the  proposed 
regulated  mean,  to  the  detriment  of  the  important  navigation  niter- 
ests  and  the  lake  ports  dependent  thereon. 

Suggestions  were  advaitced  that  the  range  might  be  confined  to 
narrower  limits  than  the  1  A-foot  range  put  forward  by  the  ejigineers. 
Under  natural  conditions  the  greatest  fluctuation  has  been  about  3i 
feet,  and  considering  the  vast  area  of  Lake  Superior,  about  3*^,000 
square  mile's,  exclusive  ol  its  surroimding  catchment  area,  it  is  evident 
that  abnormal  rain  conditions  have  seriously  taxed  the  capacity  of  the 
outlet  in  its  natural  state,  and  will  continue  to  do  so,  though  to  a  lesser 
degree  under  any  artificial  conditions  that  might  be  developed  at 
Sault  Ste.  Marie  with  a  reasonable  expenditure  of  money. 

In  this  connection,  Col.  Patrick,  of  the  I'liited  States  ,\rmy  Engi- 
neers, referring  to  the  high  level,  604.08  feet  of  1869,  said  "if  the  same 
condition  of  rainfall  «ntl  ^upply  to  the  lake  should  recur,  as  there  is 
every  reason  to  believe  it  will  recur  at  some  time,  nothing  on  earth 
can  prevent  the  lake  surface  going  back  to  that  level."  In  fa-t, 
Col.  F'atrick  believes  that  at  times  the  lake  will  fluctinite  half  a  foot 
above  603.6  feet  and  a  similar  distance  below  602.1  feet,  the  low 
hniit  of  the  suggested  range  or  an  extreme  fluctuation  of  2i  feet, 
which  is  a  foot  less  than  '.mder  conditions  that  have  prevailed  in  the 
past. 

The  late  Mr.  Alfred  Xoble  in  evidence  >tated,  "I  am  clearly  of  (he 
opinion  that  no  works  can  be  devised  ])y  which  the  variations  of  the 
lake  can  be  held  witliin  an  absolute  range  of  one  foot  and  a  luilf,"  but 
he  admitted  that  it  could  be  done  "within  two  feet  and  a  liulf." 


COMPENSATING   WORKS  IK  ST.   MARYS  HIVER. 


27 


Mr.  W.  J.  Stewart,  representing  the  G<>v»'rnment  of  Canada,  statetl, 
"  now  looking  for  the  limits  of  level  between  which  the  lake  should  be 
held,  there  were  two  points  to  consider;  one  was  the  cutting  out  of 
the  extreme  low  waters  during  navigation  season,  and  the  other  was 
to  prevent  the  level  of  the  lake  rising  to  a  height  that  might  injure 
tlie  low  lymg  lands  in  the  vicinity  of  I'ort  WiUiam."  Mr.  Stewart 
"thought  that  6().S.6  feet  should  be  the  upper  hniit,  and  except  in 
years  when  conditions  were  siniUar  to  the  two  extreme  high  water 
years,  regulation  sliuuld  be  kept  within  the  upper  limit."  He  added 
that  any  attempt  at  a  system  of  regulation  which  would  have  the 
effect  of  keeping  such  extreme  conditions  as  prevailed  in  those  two 
years  below  oO.S.G  fe<*t.  would  proilo^  e  'a  very  much  lower  hmit  to 
the  injury  of  our  canals  (navigation)  iii  Ixith  countries  at  Sault  Ste. 

Marie.  " 

Tlie  two  following  tables  will  help  to  illustrate  and  confirm  the 
ditticulty  that  stands  m  tiie  way  of  a  tlo>e  regulation  of  the  levels  of 
Lake  Superior: 
Table  thouing  the  difference  between  the  extrem'  monthly  m^aruin  the  following  yeart 


Y«r,        i 

1 

PMt 

1902 

1803 

1904 

1906 

190« 

tg07      

1.01 
1.47 
1.42 
1.00 
.87 
1.37 

1908          

1.27 

1900 

LM 

1910 

.M 

1911 

l.« 

1912 

La 

1913 

1.28 

Table  ofiuppliet  to  Lake  Superior,  1860  to  1907,  inclutive. 


Month. 


January 

FrtMTMTjr.., 

March 

April 

May 

}unc 

July 

August 

September . 

October 

November. 
December. . 


rerage. 

Hl(h«t. 

Loweet. 

JP««f. 

Ftt. 

Ftit. 

+aoo7 

+0.240 

-0. 139  ; 

+  .088 

+  .818 

-  .128 

+  .198 

+  .823 

-  .185 

+  .398 

+  .778 

-  .214 

+  .517 

+  .892 

+  .121 

+  .490 

+  .856 

+  .283 

+  .421 

+  .708 

+  .233  ; 

+  .351 

+  .980 

+  .  110 

+  .275 

+  .579 

+  .019  : 

+  .115 

+  .440 

-  .088  1 

+  .021 

+  .202 

.       -  .298 

+  .032 

+  .196 

-    .313    : 

Fttt. 

0.379 
.744 
.808 
.910 

1.013 

1.119 
.941 

1.000 
.688 
.528 
.408 
.500 


Column  two  in  the  above  table  shows  the  effect  on  lake  levels  of 
the  average  monthly  supply  during  48  yeare. 

Colunui  three  shows  the  effect  on  lake  levels  of  the  highest  monthly 
supply  during  48  years. 


28 


COMPENSATIN(i   WORKS  IN   ST.   MARYS  BIVEB. 


Column  four  shows  the  effect  on  lake  levels  of  the  lowest  monthly 
8U[)ply  (luring  48  yeare. 

Column  five  gives  some  indication  of  the  variableness  of  the  sup- 
ply and  the  difficulty  therefore  in  setting  discharge  gates  at  the 
Sault  from  time  to  time  to  take  care  of  water  conditions  before 

thev  exist. 

That  navigation  is  the  paramount  interest  in  the  use  of  the  waters 
of  the  St.  i  -•  ys  UivtM-  is  a  proposition  that  can  hardly  be  disputed. 
The  watei-ways  treaty,  in  setting  forth  the  onler  of  precedence  to  be 
observed  among  the  "various  uses  of  boundary  waters,  puts  naviga- 
tion before  power,  and  lays  <lown  the  definite  rule  that  "no  use  shall 
be  i)ermitted  which  tends  materially  to  conflict  with  or  restrain  any 
other  use  which  is  given  preference  over  it  in  this  order  of  prece- 
dence." The  commission  is  bound,  thenrfore,  under  the  terms  of 
the  treaty,  to  see  that  in  approving  the  use  of  these  waters  for  power 
puri)08es,  that  use  is  not  permitted  to  materially  conflict  with  or  re- 
Btntin  their  use  for  the  purpose  of  navigation.  But  even  if  this  obli- 
gation were  not  imposed  upon  it  by  the  treaty,  the  commission  could 
hardly  avoid  the  conclusion  that  navigation  must  heve  first  consid- 
eration. The  power  intercuts  at  Suult  Stc.  Marie,  while  unquestion- 
ably important,  are  necessarily  limied  in  their  use  and  development. 
The  interests  of  navigation,  on  the  other  hand,  are  broad  enough  to 
embrace  not  merely  the  enormous  commerce  of  the  Great  Lakeri  as 
it  exists  to-day,  involving  in  one  way  <>r  another  the  comfort  and 
welfare  of  nuUious  of  people  on  both  sides  of  the  international  bound- 
arv  but  they  an*  susceptible  under  favorable  conditions  of  practi- 
cally unlimited  development.  The  applications,  therefore,  should  be 
regarded  not  so  niTich  as  a  proposition  to  prodde  additional  water 
for  power  development  in  the  St.  Marys  River  as  an  opportunity  to 
create  such  conditions  in  that  river  that  not  merely  the  present,  but 
the  prospective,  newls  of  navigation  will  be  given  the  fullest  pos- 
sible measure  of  protection  and  encouragement.  The  outflow  should 
be  regulated  primarily  and  essentially  in  the  interests  of  naviga- 
tion and  of  the  lake  port*  depending  thereon,  and  that  is  un- 
questionably the  attitude  of  both  (iovernmenta.  The  United  Stat^ 
will  become  the  owner  in  fee  simple  of  the  works  to  be  built  by  the 
Michigan  Northern  Power  Co.  on  the  United  States  sideof  thebound- 
arv  "rhe  (^anadian  situation,  however,  is  not  so  dehnite.  The 
Algoma  Steel  Corporation  ha«  authority  to  build  its  works  with  the 
rider  that  the  Canadian  (Jovernment  may  step  in  at  any  time  and 
acquire  them  by  arrangement. 

The  St  Marys  liivi-r  is  the  most  important  link  in  the  greatest 
system  of  iuland  wutemaxs  in  the  world,  an<i  it  is  ..pen  to  .senous 
qu.Nti..n  whether  private  capital  should  be  aUowe.l  to  create,  even 


COMPENSATINQ  W0BK8  IN   ST.   MABT8  BIVEB. 


29 


for  a  limited  time,  works  which  if  built  should  be  under  governmental 
control  absolutely  and  primarily  for  the  benefit  of  navigation-  in 
other  words,  whether  these  regulating  works  should  be  built  as  an 
ncident  in  the  development  of  water  power,  or  if  it  is  not  a  sounder 
policy  for  the  Government  to  build  them  or  acquire  them  as  soon  as 
they  are  built,  and  thus  make  the  development  of  power  an  incident 
to  the  larger  work  of  caring  for  navigation.  At  the  same  time  the 
public  may  fairly  expect  a  return  for  the  use  of  so  much  of  this  water 
which  passes  down  out  of  Lake  Superior  as  Is  not  needed  for  navi- 
gation. The  hope  Is,  therefore,  expressed  that  the  Canadian  Gov- 
ernment will  provide  at  once  for  the  accjuisition  and  absolute  owner- 
ship of  the  works  proposed  to  be  built  on  the  Canadian  side  of  the 
boundary. 

As  already  indicated,  it  would  be  to  the  advantage  of  every  interest 
concerned  if  the  range  of  the  fluctuation  of  the  lake  levels  were 
restricted  as  much  a^i  possible.  The  suggested  regulation  as  far  as 
possible  within  the  limits  603.6  and  <)02.1  feet  was  worked  out  by 
the  United  States  Army  engineers  in  1902  and  made  effective  in  the 
lease  of  water  to  the  Michigan  Lake  Superior  Power  Co.  in  the  same 
year.  This  regulation  was  afterwards  approved  by  the  International 
Waterways  Commission,  so  that  on  three  different  occasions  in  the 
study  of  conditions  at  the  Sault  by  most  competent  engineers  they 
all  reach  the  same  conclusions  as  to  attem])ted  regidation  of  the 
outflow  from  Lake  Superior. 

In  view  of  the  foregoing  statement  of  facts,  the  undersigned  begs 
to  submit  for  the  consideration  of  the  commission  the  following  rec- 
ommendations, which  it  is  suggested  might  l)e  submitted  to  the  two 
Governments  in  connection  with  the  commission's  order  of  approval: 

(1)  That  the  officer  of  the  Coriw  of  Engineers  charged  with  the 
improvement  of  the  Falls  of  the  St.  Marys  River  on  the  I'nited  States 
side,  and  an  officer  duly  appointed  by  the  Government  of  the  Domin- 
ion of  Canada,  shall  form  a  board  to  formulate  rules  under  which  the 
compensating  or  remedial  works  and  the  power  canals  and  planis, 
including  headgates  and  by-passes,  shall  be  operated  to  secure  as 
nearly  as  may  be  the  regulation  of  Lake  Superior  as  provided  for  in 
the  order  of  a])proval. 

(2)  That  the  respective  (Jovernments  should  immediately  bring  to 
the  attention  of  the  International  Waterways  Commission,  charged 
with  the  delimitation  of  the  mternational  boundary  m  the  St.  Marys 
River,  the  desirability  of  establishing  that  boundary  through  one  of 
the  piers  of  the  i)ropo9ed  sluice  gates.  The  plans  of  these  gates,  as 
approved  by  both  Governments,  indicate  a  width  of  gate  that  will 
bring  certain  of  the  piers  immediately  above  those  of  the  International 
Bridge,  in  onler  evidently  to  lessen  as  far  as  possible  interference 


80 


COMPENSATING   W0BK8  IN  ST.   MABYS  BIVEB. 


with  the  tlow  below  the  g&Ufi.  As  these  gates  are  about  52  feet 
wide,  the  maxiimim  tlistuiice  the  boundary  would  have  to  be  moved 
would  be  •_'('.  feet.  Jt  would  obnously  not  be  desirable  to  have  the 
boundary  pass  throujih  one  of  the  gates,  i>art  of  which  woulil  then 
be  in  the  territory  of  one  country  and  i)art  in  that  of  the  other. 
Therefore,  if  necessary,  it  would  seem  desirable,  for  a  <listance  of,  say, 
50  feet  up  an<l  down  stream  from  the  gates,  that  the  boundary  should 
bo  adjusted  to  the  gates  rather  than  the  gates  to  the  bouiulary. 

(3)  That  the  coat  of  maintaiiung  all  parts  of  the  proposed  com- 
pensating or  remedial  works  shall  be  borne  by  the  respective  owners 
thereof,  and  shall  be  dene  under  the  direction  of,  and  in  a  manner 
satisfactory,  to  both  Governments.  Also  that  the  rules  devised  by 
the  board  for  the  operation  of  these  works  shall  be  so  franied  as  to 
divide  this  burden  equally  between  the  owners  of  the  component 
p«irts  of  the  entire  syst«m. 

Th«>  undersigned  is  of  the  opinion  that  the  order  of  ajtproval 
should  inclutle  tite  following  provisions  respecting  construction, 
operation,  and  d  iilrol  of  the  pro|)osed  works : 

The  proposed  diversion  of  water  from,  and  the  construction  of 
comp<'a<atiiig  works  in,  the  St.  >riirv's  Kiver  at  Sault  Ste.  Marie,  by 
the  Michigan  Northern  Power  Co.  and  the  Algoma  Steel  Corporation 
fLtd.),  their  sucri«ssors  and  assigns,  with  the  plans  as  amended  and 
finally  a|  j>ri>ved  by  the  vS<>cretary  of  War  of  the  United  States,  and 
the  Crovernor  (leneral  in  Council  of  itie  Dominion  of  Canada,  are 
hereby  approveil  on  the  following  conditions: 

(1)  The  works  to  l)e  l)udt  in  the  St.  Marys  River  at  Sault  Ste. 
Marie  by  the  Michigan  Nortliern  Power  Co.  and  the  Algoma  Steel 
Corporation  (Ltd.),  their  successors  and  assigns,  shall  consist  of  a 
dyke  about  JiMi  feel  long,  and  12  Stoney  sluice  gates,  each  gate 
to  be  about  "•_'  feet  in  the  clear,  the  iletails  as  shown  on  the  plans 
approved  by  the  S<'cretary  of  War  of  the  United  States,  ami  the 
Governor  General  iji  Council  of  liie  Dominion  of  Canada.  These 
works  shall  extend  from  ttie  United  Stat^^s  trovern.aent  dyke  inmio- 
diately  above  Pier  No.  -^  of  the  International  Bridge  northward  to 
the  southerly  Innit  of  the  Stoney  sluice  gates  now  in  plact^  on  the 
Canadian  sid«>  of  the  river. 

(2)  Thv  Michigan  Northern  Power  Co.  shall  build  the  said  dyke 
about  200  feet  ui  lengtli  and  all  Stoney  sluice  gaU^s  and  their  appur- 
tenances northward  to  the  international  boundary;  and  the  Algoma 
Steel  Corporation  (Ltti.)  shall  buihl  all  the  gates  on  ii.J  Canadian  side 
of  the  river  between  the  gates  now  in  place  and  the  int4imational 
boundary. 

(3)  The  sills  of  all  SUtney  gaU«  on  the  United  States  side  shall 
not  be  liigher  than  591.2  fwt  and  of  all  such  gates  to  be  built  in 


COMFENSATINO  WORKS  IN   ST.   MABT8  BTVEB. 


81 


Canada  (in  view  of  the  main  channel  being  on  that  side  of  the  bound- 
ary) not  higher  than  590.7  feet,  according  to  the  system  of  levels 
established  by  the  United  States  in  1903,  and  the  river  bed,  both 
upstream  and  downstream  from  the  works  so  to  lie  built,  to  a  dis- 
tance to  be  determined  by  the  board,  whose  appointment  has  been 
recommended,  shall  Ih>  excavated  at  least  one-half  foot  lower  than 
the  intervening  sills. 

(4)  The  Secretary  of  War  of  the  United  States  or  such  ollicer  as 
he  may  designate  shall  approve  of  aU  the  dctaUed  plans  for  such 
portion  of  tlie  works  as  will  be  within  the  territory  of  the  Umted 
States,  and  the  Governor  (ieneral  in  Council  of  the  Domuuon  of 
Canada,  or  such  ollicer  as  he  may  designate,  shall  Ukewise  approve 
of  all  the  detailed  plans  of  such  portion  of  the  works  as  will  lie  within 
Canudian  territory.  The  works  shall  be  commenced  within  throe 
years  and  shall  be  carried  on  with  due  diligence  to  the  satisfaction 
of  the  said  board. 

(5)  Th»  order  in  which  the  works  are  to  be  proceeded  with,  sub- 
ject to  the  approval  of  the  Secretary  of  War,  or  such  officer  as  he 
may  designate,  and  the  governor  general  in  council  or  such  officer 
as  he  may  ilosignate,  in  respect  to  such  portions  of  the  works  as  may 
lie  witlun  United  States  and  Canadian  territory,  respectively,  shall  be: 

(a)  The  removal  by  the  .Ugoma  Steel  Corporation,  Ltd.,  of  its 
dyke  above  the  four  sluices,  and  immediately  thereafter  the  testing 
of  the  gates  to  ascertain  that  they  are  in  {)roper  working  order. 

(,b)  The  testing  of  the  three  United  States  Govermnent  sluices, 
making  them  available  for  immediate  use. 

(c)  The  necessary  alterations  in  the  Michigan  Northern  Power  Co.'s 
plant  so  as  to  poriiiit  the  efficient  use  of  the  lUversion  applied  for. 

W)  The  chtuuiel  of  the  stream  not  to  be  closed  at  any  time  by 
more  than  one  coirerdam  of  a  sufiicient  size  for  the  construction  of 
a  set  of  four  Stoney  sluice  gates. 

(e)  The  construction  of  the  dyke  inmietliately  to  the  south  of  the 
gates  on  the  UniUul  States  side  not  to  be  proceeded  with  untU  facili- 
ties exist  on  the  CanatUan  side  to  fully  take  care  of  Canada's  half 
share  of  all  the  water. 

(/)  The  further  ord«'r  of  constructit>n  of  the  \^ orks  to  be  dotermmed 
by  the  board,  with  the  approval  of  the  Secretary  of  War  and  the 
governor  general  in  <inmeil. 

(«1  The  board  shall  guar.l  against  any  undue  rise  of  Lake  Superior 
during  the  construction  of  the  compensating  works  by  requiring  the 
power  companitw  to  pass  tlitt>ugh  their  respective  canals  quantities 
of  water  up  to  their  maximam  capacity,  or  in  such  other  manner  as 
may  be  suitable  to  accomplish  tliis  purpose. 


82 


COMPSNBATINO  WOBKB  IS  ST.   MABY8  BIVEB. 


(7)  All  componsating  works  heretoforo  built  and  all  such  worka 
built  unilor  this  order  of  approval  and  all  power  canals  and  plants 
including  head  gates  an«l  by-pa-sscs,  shall  bo  so  operated  as  to  main- 
tain the  level  of  Lake  Superior  as  nearly  as  may  be  between  levels 
602.1  and  603.6  font  above  moan  tide  at  New  York,  according  to  the 
system  of  levels  established  by  the  Unitwl  States  Govemmont  in 
1903,  and  in  such  a  manner  as  not  to  interfere  with  navigation.  The 
operation  of  all  the  swd  works,  canals,  hea<l  gates,  and  by-passes  for 
the  above  purpose  shall  be  under  the  direct  control  of  the  board. 

(8)  The  mean  elevation  of  Lake  Superior  shall  be  ascertained  by 
taking  the  mean  of  the  readings  of  at  least  four  automatic  gauges, 
half  the  number  to  be  maintained  by  the  United  States  and  half  by 
(.'anada:  these  gauges  to  bo  located  so  that  their  combined  readings 
will  indicate  as  nearly  a*  may  be  the  mean  or  average  condition  of  the 
whole  lake.  Tho  records  of  those  gauges  shall  be  furnished  to  the 
board  at  such  intervals  as  it  may  require. 

(9)  To  guard  againt-t  unduly  high  stages  of  water  in — 

(a)  Lake  Superior,  the  rules  formulated  by  the  board,  when  tested 
by  the  physical  conditions  which  oxLsteil  during  any  year  of  recorded 
high  water  in  Lake  Superior  when  tho  monthly  mean  elevation  of  the 
lake  oxceedod  603.6  feet,  shall  give  no  monthly  moan  level  of  the 
lake  greater  than  tlio  maxauum  monthly  mean  actually  experienced 
in  said  year. 

(6)  Tho  lower  St.  Marys  Riv<!r,  the  excess  discharge  at  any  time, 
over  and  above  that  which  would  have  occurred  at  a  like  lake  stage 
of  Lake  Superior  prit)r  to  1887.  shall  bo  restricted  so  that  the  eleva- 
tion of  tho  water  surface  immediately  below  the  locks  shall  not  be 
greater  than  584.5  feet. 

(10)  Each  po'ver  company  shall  k^op  continuous  records,  satisfac- 
tory to  tho  board,  which  shall  show  the  quantity  of  water  used  by  it, 
and  -I -ill  furnish  to  the  board,  when  required,  full  information  from 
such  records. 

(11)  At  all  times  the  board  shall  deti'-mine  the  amount  of  primary 
and  secondary  water  available  for  power  purposes,  and  shall  distrib- 
ute to  the  interests  in  each  country  a  total  amount  not  exceeding  one- 
half  of  such  water.  It  shall  cause  the  amount  of  water  so  used  to  be 
reduceil  whenever  in  its  opinion  such  reductions  are  necessary  in  order 
to  prevent  unduly  low  stages  of  water  in  Lake  Superior,  and  fix  the 
amounts  of  such  reductions.  Provided,  That  whenever  the  monthly 
mean  level  of  tho  lake  Ls  less  than  602.1  feet  the  total  discharge  per- 
mitted shall  be  not  j,'reater  than  that  which  it  would  have  been  at  the 
prevailing  stage  and  un<ler  the  discharge  conditions  which  obtained 
prior  to  1887.  Provided  further.  Before  any  flow  of  primary  water 
on  oithor  side  of  tho  river  is  reduced,  the  use  of  all  secondary  water 
shall  be  discontinued. 


COMPENBATINO  W0BK8  IN  ST.   IIABYB  BIVMB. 


8S 


(\2)  If  the  componsatinK  works,  constructed  in  accordance  with 
the  plans  hereby  approvod  together  with  those  already  constructed, 
can  not  be  operated  so  es  to  secure  the  regidation  of  the  level  of  Lake 
Superior  as  providml  herein,  they  shall  be  altered  so  as  to  provide 
for  a  greater  flow,  and  in  a  manner  satisfactory  to  the  two  Govern- 
raento.  Whenever  it  is  required  that  the  said  works  shaU  be  so  ai- 
tere<l  the  greater  flow  desired  shall  be  secured  in  equal  parte  on  each 
side  of  the  boundary  lino,  or  the  cost  of  securing  the  total  greater- 
flow  shall  be  borne  equally  by  the  owners  of  the  two  parte  of  the  said 

works* 

(i3)  Should  ico  interfere  with  navigation  owing  to  the  presence  of 
the  compensating  works,  the  board  shall  take  measures  to  obviate 
this  difficulty,  and  may  call  upon  the  owners  of  the  said  works  to  do 
any  work  necessary  for  this  purpose. 

(14)  Should  currente  which  unduly  interfere  with  navigation  be 
dovelopwl  by  the  operation  of  the  power  works  on  either  side  of  the 
river,  the  power  company  operating  said  works  shaU  alter  them  or 
construct  such  other  works  as  its  Goveriinent  may  deem  necessary 
to  reme<ly  this  evil  and  in  a  manner  approved  by  such  Government. 

(15)  Should  either  or  both  Oovwnmerte  acquire  title  to  the  com- 
pensating works  built  on  their  retr,.^^tiv  icritorios,  the  approval  of 
the  construction  and  maintenance  '  .^e  compensating  works  by 
the  applicante  shall  inure  to  the  huio'ai  d  their  respective  Govern- 
ment successors. 

(16)  In  the  event  of  a  disagreement  between  the  members  of  the 
board,  with  respect  to  the  interpretation  of  the  conditions  embodied 
in  this  order  of  approval,  or  to  the  duties  and  powers  of  said  board,  or 
to  the  construction  or  operation  of  the  compensating  works,  the 
question  at  issue,  upon  the  appUcation  of  eithrr  Government,  shall 
be  referred  to  this  commission. 

(17)  "Primary  water"  as  used  herein  shall  be  understood  to  mean 
the  amount  of  water  which  is  continuously  available  for  use  for  power 
purposes.  "Secondary  water"  shall  be  understood  to  mean  an 
amount  of  water,  over  and  above  that  designated  as  primary  water, 
which  is  intermittently  available  for  use  for  power  purposes. 

C.  A.  Maobath. 

May  1,  1914. 

O 


RECEIVED  IN 


WAR   T    1338 

TRANSPOfrr  UBRARY. 


RY.j 


I01X% 


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